NMENT 

OF 

Virginia 


SMITHEY 


•yi^ 


LIBRARY 

OF  THE 

University  of  California. 

GIFT  OF^ 

Accession 8.6.2.80 Class 

THE    CIVIL    GOVERNMENT    OF 
VIRGINIA 


FOR    THE  USE  OF  SCHOOLS 


BY 


ROYALL   BASCOM   SMITHEY,   A.M. 

PROFESSOR   OF  MATHEMATICS,   RANDOLPH-MACON   COLLEGE 
AUTHOR  OF  "HISTORY  OF  VIRGINIA" 


3j«<t 


NEW    YORK  • : •  CINCINNATI  • : •  CHICAGO 

AMERICAN    BOOK    COMPANY 


,9> 


Copyright,  1898,  by 
ROYALL  BASCOM   SMITHEY. 

CIVIL  gov't  of   VIRGINIA. 

W.  P.  I 


^0  M^  Sifter 
ESTELLE    SMITHEY 

I    DEDICATE  THIS   BOOK 


86280 


Digitized  by  tine  Internet  Arciiive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


littp://www.arcliive.org/details/civilgovernmentoOOsmitricli 


PREFACE 

This  volume  has  been  prepared  to  meet  a  growing 
demand  for  a  text-book  on  the  Civil  Government  of 
Virginia  suitable  for  school  use.  It  contains  an  outline 
of  the  entire  state  system,  presented  with  sufficient  full- 
ness, it  is  hoped,  to  give  a  clear  idea  of  the  structure 
and  workings  of  the  government  in  all  its  departments. 
Chapters  on  the  Public  School  System,  Taxation,  Elec- 
tions, and  Political  Parties  have  been  added,  and  the 
relations  between  the  state  and  the  nation  have  been 
clearly  brought  out.  Technical  terms  have  been 
avoided  as  far  as  possible,  and  explanations  have 
been  given  of  .those  rendered  necessary  by  the  na- 
ture of  the  subject. 

To  make  Civil  Government  interesting  it  must  be 
made  real.  This  can  best  be  done  by  encouraging 
students  to  verify  as  far  as  possible  the  statements  made 
in  a  text-book,  by  examining  the  actual  workings  of 
local  government  in  their  vicinity.  As  a  help  in  this 
direction  a  few  suggestive  questions  have  been  placed 
at  the  beginning  of  each  chapter  that  treats  directly  of 
the  operations  of  the  government.  If  the  teacher,  be- 
fore  assigning   a  topic   for   study,   will   ask  these   and 

5 


6  PREFACE 

similar  questions,  students  will  be  led  to  realize  that 
government  is  not  something  entirely  dissociated  from 
themselves,  but  that  its  operations  are  taking  place  all 
around  them.  At  the  close  of  each  chapter  will  be 
found  questions  which  cover  all  important  points. 

My  thanks  are  due  to  Overton  Howard,  Esq,,  of 
Richmond,  for  helpful  suggestions  in  regard  to  court 
procedure,  and  to  Colonel  Morton  Marye,  Hill  Carter, 
Hon.  Geo.  S.  Shackelford,  Judge  E.  D.  Newman,  and 
E.  L.  C.  Scott  for  valuable  criticisms  upon  parts  of  the 
manuscript. 

This  book  is  sent  forth  with  the  hope  that  it  will 
cause  the  youth  of  Virginia  to  appreciate  more  fully 
the  duties  and  responsibilities  that  will  soon  rest  upon 
them  as  citizens,  and  thus  aid  them  in  becoming  worthy 
successors  of  the  men  of  the  past,  to  whose  virtue  and 
knowledge  the  greatness  of  the  state  has  been  so 
largely  due. 

R.  B.  SMITHEY. 


CONTENTS 

CHAPTER   I  PAGE 

INTRODUCTION 9 

Society ;  Rights ;  Different  Kinds  of  Rights ;  Duties ;  Origin  of  Gov- 
ernment ;  Forms  of  Government ;  A  Republic ;  A  Nation  ;  A  Con- 
stitution ;  Laws ;  Three  Departments  of  Government ;  The  United 
States ;  Two  Allegiances. 

CHAPTER   n 

THE  COUNTY 15 

Origin  of  the  County;  The  Virginia  County;  Importance  of  the 
County;  Functions  of  County  Government;  The  County  Seat; 
County  and  District  Officers;  Qualifying  for  Office;  Vacancies; 
Board  of  Supervisors ;  The  Treasurer;  The  Surveyor;  The  Super- 
intendent and  Overseers  of  the  Poor;  The  Coroner;  Commissioner 
of  the  Revenue;  Justice  of  the  Peace;  The  Constable ;  The  Sheriff ; 
The  Commonwealth's  Attorney;  The  Clerk  of  the  County  Court; 
The  County  Judge ;  Other  County  Officers ;  Salaries  of  County 
Officers ;  County  Superintendent  of  Schools. 

CHAPTER   HI 

TOWNS  AND  CITIES 30 

Formation  of  Towns  and  Cities;  The  Charter;  Difference  between 
a  Town  and  a  City;  Functions  of  City  and  Town  Government; 
The  Council;  The  Mayor;  Other  Officers. 

CHAPTER  IV 
THE  STATE  —  LEGISLATIVE  DEPARTMENT  ....  35 
The  General  Assembly;  Qualifications  of  Members  of  the  General 
Assembly;  Sessions;  The  Capitol;  Privileges  of  Members  and 
their  Salaries ;  Scope  of  State  Legislation  ;  Restrictions  upon  State 
Legislation;  Apportionment  of  Senators  and  Delegates;  Organiza- 
tion; Officers  of  the  Senate;  Officers  of  the  House;  Duties  of 
Clerks;  Duties  of  the  Sergeants-at-Arms ;  Standing  Committees; 
The  Making  of  a  Law. 

CHAPTER  V 

THE  STATE  — EXECUTIVE   DEPARTMENT 45 

Executive  Officers ;  The  Governor ;  The  Lieutenant  Governor ;  Sec- 
retary of  the  Commonwealth ;  The  Auditor  of  Public  Accounts ; 
The  Second  Auditor ;  The  State  Treasurer ;  The  Attorney  Gen- 
eral; The  Commissioner  of  Agriculture;  The  Board  of  Public 
Works ;  The  Militia ;  Other  Executive  Departments  and  Officers. 

CHAPTER   VI 
THE  STATE  — JUDICIAL   DEPARTMENT        .        .        .        .        .56 
A  Judicial  Power  Necessary ;  The  Courts ;  A  Case  at  Law ;  Jurisdic- 
tion; The  Justice's  Court;  The  County  Court;  The  Circuit  Court; 
The  Supreme  Court  of  Appeals ;  City  Courts. 

CHAPTER  VII 

LEGAL  PROCEEDINGS 64 

Duty  of  a  Court ;  Juries ;  How  Grand  Juries  are  obtained ;  Trial 
Juries  for  Civil  and  Misdemeanor  Cases ;  Trial  Juries  for  Felony 
Cases;  i.  Proceedings  in  Civil  Cases —  Ordinary  Civil  Cases,  First 
Proceedings  in  Ordinary  Civil  Cases,  The  Trial,  Chancery  Pro- 

7 


CONTENTS 


ceedings;  2.  Proceedings  in  Criminal  Cases  —  The  Prevention  of 
Crimes,  The  Detection  of  Crimes,  Before  a  Justice,  Indictment  for 
Felony,  The  Trial,  Habeas  Corpus, 

CHAPTER   VIII 

THE  PUBLIC  SCHOOL  SYSTEM 74 

History  of  Popular  Education;  Organization  of  the  Public  School 
System;  Officers  of  the  System;  The  Board  of  Education;  The 
Superintendent  of  Public  Instruction;  The  County  Superintendent ; 
The  County  School  Board;  The  School  Trustee  Electoral  Board; 
The  District  Board  of  School  Trustees ;  Teachers ;  Pupils ;  School 
Funds ;  City  Schools. 

CHAPTER   IX 
ELECTIONS 83 

The  Right  of  Suffrage  ;  Qualifications  required  ;  The  Election  Sys- 
tem ;  Election  Officers  ;  Board  of  State  Canvassers ;  County  and 
City  Electoral  Boards;  Election  Districts;  Precinct  Officers;  Com- 
missioners of  Election  ;  Registration;  Election  Supplies;  Voting 
Places;  At  the  Polls;  Challenging;  Counting  Votes;  The  Returns. 

CHAPTER  X 
POLITICAL   PARTIES 91 

Origin  of  Political  Parties  in  the  United  States;  Parties  a  Benefit; 
Advantages  of  Organization;  How  a  Party  is  organized;  Work 
done  by  Committees;  The  Primary  Meeting;  The  Primary  Elec- 
tion; Caucus;  Nominating  Candidates;  The  Unit  Rule;  The 
National  Convention ;  Party  Platforms. 

CHAPTER  XI 
TAXATION 95 

What  are  Taxes  ?  Reasons  for  Taxes ;  What  is  taxed ;  Property 
exempt  from  Taxation;  Objects  for  which  Taxes  are  assessed; 
The  Assessment  of  Taxes ;  Equalization. 

CHAPTER   XII 
THE  GOVERNMENT  OF  VIRGINIA   IN   OUTLINE     ...      99 
Virginia,  the  First  Constitutional  Government  in  America;  Pream- 
ble;   Article  I;    Article    II;  Article    III;    Article   IV;    Article  V; 
Article  VI;    Article  VII;    Article  VIII ;    Article  IX;    Article  X; 
Article  XI ;  Article  XII ;  The  Schedule. 

CHAPTER  XIII 

RELATIONS  OF  THE  STATE  AND  THE  NATION  .  .  .105 
The  State  and  the  Nation ;  Each  State  takes  Part  in  the  National 
Government;  The  National  House  of  Representatives;  United 
States  Senators  ;  Presidential  Electors ;  Method  of  holding  National 
Elections;  The  State  Militia;  Reciprocal  Duties  of  the  State  and 
the  Nation ;  Powers  of  Government  delegated. 

APPENDIX 109 

Government  of  State  Institutions;  Judicial  Circuits;  Colonial  Gov- 
ernors; Governors  of  Virginia  from  1776;  The  Virginia  Resolves, 
1769;  Ordinance  of  Secession ;  Constitution  of  Virginia;  Constitu- 
tion of  the  United  States;  Declaration  of  Independence. 

INDEX  . .       .       .171 


^  '  OF   T*U 

>^CAUFOS! 

CIVIL  GOVERNMENT   OF   VIRGINIA 

CHAPTER    I     - 

INTRODUCTION 

Preparatory  Work.  —  Are  men  who  live  with  neighbors  about 
them  free  to  do  anything  they  like?  What  prevents  one  farmer 
from  gathering  the  crops  on  all  fields  near  him?  Why  are  fences 
put  up  between  farms?  Why  is  it  not  right  for  a  man  who  needs  a 
horse  to  take  any  one  he  can  find?  Do  neighbors  always  live 
together  peacefully?  When  there  are  strong  differences,  who  settles 
questions  between  them?  Could  neighbors  live  comfortably  to- 
gether if  every  one  did  exactly  as  he  pleased,  without  regard  to  the 
rights  and  wishes  of  others  ?  Then  there  is  some  limit  to  our  free- 
dom? What  is  that  limit  called?  Why  do  we  have  laws  ?  By 
whom  are  our  laws  made  ?  Do  you  know  any  one  who  has  helped 
to  make  laws  for  this  state  ?  What  is  his  name  ?  Who  gave  him 
the  right  to  make  laws  for  other  people? 

Society.  —  A  number  of  families  living  together  in 
a  community,  where  all  have  the  same  general  interest, 
constitutes  what  is  known  as  society.  The  aggregation 
of  families  needed  to  form  society  takes  place  in  obedi- 
ence to  a  natural  impulse ;  for  human  beings  are  so 
constituted  that  they  need  help  and  sympathy,  which 
they  can  obtain  only  by  association  with  their  fellows. 

Rights.  —  In  a  family  no  member  can  be  allowed 
to  carry  out  his  own  wishes  regardless  of  others.     The 

9 


lO  INTRODUCTION 

same  is  true  in  a  larger  sense  of  society.  No  indi- 
vidual can  be  permitted  to  do  everything  he  may  choose ; 
for  justice  demands  that  the  needs  and  the  desires  of 
all  should  be  considered.  Hence,  in  any  organized 
society,  there  is  need  of  some  agreement  as  to  rights 
belonging  to  all. 

Different  Kinds  of  Rights.  —  Rights  may  be  classified 
as  follows :  — 

1.  Civil  Rights,  which  are  those  belonging  to  per- 
sons as  citizens  of  a  country,  such  as  the  rights  of 
personal  liberty,  of  personal  security,  and  of  private 
property. 

2.  Political  Rights,  such  as  the  rights  of  voting,  of 
holding  office,  and  of  taking  part  in  matters  that  relate 
to  the  whole  people. 

3.  Religious  Rights,  which  consist  of  the  rights  of 
worshiping  God  according  to  the  dictates  of  con- 
science and  in  any  manner  that  may  be  preferred. 

Duties.  —  With  rights  originate  duties,  which  are 
things  men  ought  to  do.  Every  right,  whether  it  re- 
fers to  an  individual  or  to  society,  involves  a  duty; 
and  there  is  no  duty  that  does  not  have  relation  to  a 
right.  Duties  are  of  many  kinds ;  but,  generally  speak- 
ing, they  may  be  classified  as  duties  to  ourselves,  duties 
to  others,  and  duties  to  God. 

Origin  of  Government.  —  Government  begins  in  the 
family,  and  civil  government  is  but  an  extension  of 
family  government  to  meet  the  needs  of  society. 
The  development  of  government  takes  place  in  a 
natural  way.  Rights  are  valued  by  men  more  highly 
than  any  other  possessions ;  and,  after  they  have  been 


A   REPUBLIC  II 

recognized,  it  becomes  necessary  for  society  to  insure 
the  possibility  of  their  exercise.  Otherwise,  the  strong 
would  impose  on  the  weak,  and  the  unscrupulous  take 
advantage  of  the  conscientious.  So,  to  enforce  the 
observance  of  rights,  society  provides  what  is  called 
government,  which  may  be  defined  as  "  the  directing  or 
managing  of  such  affairs  as  concern  all  the  people  alike." 
Thus  government  is  the  agent  of  society,  and  is  not 
needed,  except  in  a  limited  way  in  the  family,  till  society 
exists. 

Forms  of  Government.  —  From  very  early  times  gov- 
ernment has  been  divided  into  three  forms :  — 

1.  Monarchy,  the  form  in  which  the  supreme  author- 
ity is  vested  in  one  person.  Turkey  is  an  example  of  an 
absolute  monarchy,  the  sultan  having  unlimited  power 
over  both  the  property  and  the  lives  of  his  subjects. 

2.  Aristocracy,  the  form  in  which  the  governing 
power  is  intrusted  to  a  select  class  supposed  to  be 
specially  qualified  for  its  exercise.  During  the  Middle 
Ages,  Venice  was  governed  in  this  way,  but  at  the  pres- 
ent time  no  government  is  a  pure  aristocracy,  although 
in  some  countries  there  are  privileged  classes  that  have 
a  hereditary  share  in  the  government,  as,  for  example, 
the  nobility  in  England. 

3.  Democracy,  the  form  in  which  the  sovereign 
power  is  retained  by  the  people. 

A  Republic.  —  A  republic  is  a  representative  democ- 
racy ;  that  is,  it  is  a  government  carried  on  by  the 
people,  not  directly,  but  through  representatives  whom 
they  elect.  If  the  people  select  their  representatives 
wisely,  they  can  secure  their  liberties  and  promote  their 


12  INTRODUCTION 

general  welfare  better  under  a  republican  form  of  gov- 
ernment than  under  any  other  kind. 

A  Nation.  —  A  body  of  people  occupying  a  given  ter- 
ritory, enjoying  complete  sovereignty,  and  guarding  its 
rights  and  liberties  is  called  a  nation  or  a  state.  In  our 
country,  the  word  state  has  a  peculiar  meaning,  signify- 
ing one  of  the  commonwealths  whose  union  forms  the 
United  States.  Each  of  these  states  occupies  a  well- 
defined  territory  and  has  a  government  sanctioned  by  a 
constitution  which  was  made  by  the  people. 

A  Constitution.  —  A  constitution  may  be  defined  as  a 
contract  which  expresses  the  terms  by  which  the  people 
of  a  state  agree  to  be  governed.  After  a  constitution 
has  been  adopted,  all  laws  subsequently  enacted  must 
conform  to  this  constitution,  which  is  for  this  reason 
called  the  fundamental  law. 

Laws.  —  It  is  necessary  for  a  government,  in  exe- 
cuting its  functions,  to  lay  down  rules  to  regulate  the 
social  actions  of  men,  and  these  rules  are  called  laws. 
The  laws  found  in  a  constitution,  called  constitutional 
laws,  are  the  most  permanent,  while  those  passed  by 
the  legislature  of  a  state,  known  as  statute  laws,  are 
more  easily  changed. 

Three  Departments  of  Government.  —  The  powers  of 
government  can  be  exercised  in  three  ways,  —  in  making 
laws,  in  construing  them,  and  in  executing  them.  The 
objects  of  government  are  best  attained  when  these 
three  functions  of  government  are  kept  separate  ;  that  is, 
when  one  set  of  men  makes  the  laws,  when  a  second 
set  decides  controversies  under  them,  and  when  a  third 
set  executes  or  carries  them  into  effect. 


TWO  ALLEGIANCES  1 3 

The  United  States.  —  The  United  States  is  a  republic 
made  up  of  a  number  of  states,  each  one  of  which  is 
itself  a  republic.  A  republic  of  republics,  then,  the 
nation  is.  Each  of  the  constituent  states  has  dele- 
gated to  the  United  States  powers  which  belong  to 
a  nation  in  its  relations  with  foreign  countries,  and 
also  such  as  are  necessary  to  make  laws  for  the  whole 
country.  But  all  powers  which  the  state  has  not  sur- 
rendered, it  has  retained,  and  so  exerts  over  its  citizens 
an  authority  which  is  its  own.  Hence,  as  strictly  na- 
tional powers  are  wielded  by  the  nation  and  local  ones 
by  the  states,  the  United  States  is  dual  in  its  govern- 
ment, and  so  is  called  a  Federal  Republic. 

Two  Allegiances. — As  Virginia  is  one  of  the  states 
composing  the  Federal  Union,  her  citizens  owe  two 
allegiances,  one  to  Virginia  and  the  other  to  the  United 
States.  Each  government  is  supreme  in  its  own  sphere, 
and  there  is  no  conflict  between  the  two.  Generally 
speaking,  the  United  States  has  jurisdiction  in  all  mat- 
ters that  affect  its  relations  with  foreign  nations,  also 
coins  money,  issues  patents,  and  makes  laws  in  regard 
to  commerce,  which  apply  to  the  whole  country,  while 
Virginia  has  exclusive  control  over  the  actions  of  her 
own  citizens  as  long  as  they  are  in  her  territory,  and 
also  over  their  rights  of  property. 

QUESTIONS 

1.  What  constitutes  society,  taken  collectively? 

2.  Why  is  it  necessary  to  have  rights  defined  and  respected? 

3.  Give  the  three  kinds  of  rights,  with  their  respective   defini- 

tions. 

4.  What  are  duties,  and  how  are  they  classified  ? 


14  INTRODUCTION 

5.  What  is  the  origin  of  government,  and  how  is  government 

developed? 

6.  Name  the  three  forms  of  government,  and  define  each. 

7.  Define  a  nation. 

8.  What  is  a  constitution,  and  why  is  it  called  a  fundamental  law?- 

9.  What  are  laws,  and  why  are  they  necessary? 

10.  In  what  three  ways  are  the  powers  of  government  exercised? 

11.  What  is  the  form  of  the  government  of  the  United  States? 

12.  What  powers  has  each  of  the  states  surrendered  to  the  United 

States,  and  what  powers  does  each  retain? 

13.  To  what  two  governments  do  the  Virginians  owe  allegiance? 

14.  What  is  the  sphere  of  each  ? 


CHAPTER   II 

THE  COUNTY 

Preparatory  Work.  —  What  is  the  name  of  the  county  in  which 
you  live?  Who  is  the  judge  of  the  county  court,  and  what  are  his 
duties  ?  Who  is  the  sheriff,  and  what  are  his  duties  ?  What  officer 
collects  the  taxes  of  your  county?  Who  is  the  treasurer  of  your 
county,  and  what  are  his  duties?  What  is  the  name  of  your  magis- 
terial district  ?  Give  the  name  of  the  justice  of  the  peace  living  in 
your  neighborhood.  Who  are  the  other  officers  in  your  district? 
What  becomes  of  poor  people  who  are  unable  to  support  them- 
selves ?    What  public  buildings  does  your  county  own  ? 

Origin  of  the  County.  —  In  the  early  days  of  Eng- 
lish history,  the  land  occupied  by  a  tribe  and  ruled 
over  by  a  petty  king  was  called  a  shire,  the  Anglo- 
Saxon  word  shire  meaning  division.  But  after  the 
Norman  conquest,  the  name  for  shire  was  changed  to 
county,  which  on  the  continent  of  Europe  comprised 
a  division  of  land  originally  bestowed  by  a  king  upon  a 
count  or  companion.  These  little  shires  or  counties 
were  the  units  which,  when  united,  made  the  English 
nation. 

The  Virginia  County.  —  The  old  Virginia  county  was 
a  copy  of  its  English  prototype.  As  early  as  1634, 
the  colony  was  divided  into  eight  shires,  called  James 
City,  Henrico,  Charles  City,  Elizabeth  City,  Warwick 
River,  Warrasqueake,  Charles  River,  and  Accomac, 
which  took  their  names  from  settlements  embraced  in 

15 


1 6  THE  COUNTY 

them.  The  name  county  first  appears  in  the  Virginia 
laws  in  1639.  No  system  of  pubUc  survey  was  followed 
in  creating  new  counties,  but  they  were  formed  by  unit- 
ing a  number  of  adjoining  plantations  as  convenience 
dictated.  The  state  now  contains  one  hundred  coun- 
ties, some  of  which  have  Indian  names,  such  as  Powha- 
tan, Nottoway,  Accomac,  but  most  of  them  derive  their 
designations  from  distinguished  men  who  have  lived  in 
Virginia,  a  number  of  whom  were  colonial  governors. 
New  counties  may  be  formed  by  the  General  Assembly 
by  taking  territory  from  one  or  more  old  ones ;  but  no 
new  county  can  be  formed  with  an  area  of  less  than  six 
hundred  square  miles,  nor  can  any  of  the  existing  coun- 
ties be  reduced  to  an  area  below  this  for  the  purpose  of 
making  new  ones. 

Importance  of  the  County.  —  Early  in  Virginia  history, 
the  county  became  the  unit  of  local  government,  just  as 
the  township  did  in  New  England,  and  it  remains  to-day 
the  foundation  of  all  local  order  and  government.  Each 
county  is  now  divided  into  three  or  more  magisterial 
districts,  and  each  magisterial  district  into  school 
districts.  Every  county  is  a  corporation,^  and  can  ex- 
ercise any  legal  powers  that  belong  to  it  as  such.  It 
may,  for  example,  sue  and  be  sued,  own  property,  and 

1 A  corporation  is  an  association  of  persons  authorized  by  law  to  carry 
on  business  under  a  common  name,  and  as  a  single  person.  Authority  to 
act  in  this  way  is  given  by  law  to  the  people  of  a  county,  town,  or  city,  who 
can  buy,  own,  and  sell  property,  and  can,  like  individuals,  sue  and  be  sued. 
Counties,  towns,  and  cities  are  called  public  corporations  because  they  are 
organized  for  purposes  of  government,  while  such  corporations  as  banks, 
manufacturing  companies,  railroad  companies,  etc.,  are  called  private  cor- 
porations. 


COUNTY  AND   DISTRICT  OFFICERS  1/ 

enter  into  contracts.  The  county  is  subordinate  to  the 
state,  but  it  is  allowed  by  the  state  to  exercise  powers 
of  local  government  that  are  of  the  highest  importance. 
We  begin,  therefore,  the  study  of  state  government  with 
the  county,  since  it  is  the  political  corporation  of  lowest 
order  that  has  governing  powers. 

Functions  of  County  Government.  —  The  county  con- 
structs roads,  builds  bridges,  provides  jails  and  poor- 
houses,  looks  after  education,  and  in  general  takes 
oversight  of  all  local  matters.  These  are  its  chief 
functions. 

The  County  Seat.  —  For  the  county'  seat  a  village 
or  town  is  usually  selected  which  can  be  reached 
with  convenience  from  different  parts  of  the  county. 
Here  the  courthouse  and  jail  are  located,  and  the 
principal  county  officials  keep  their  offices.  It  has 
long  been  the  custom  for  people  of  all  classes  to 
meet  at  the  county  seat  on  court  days,  for  the  trans- 
action of  business  both  public  and  private.  On 
these  occasions  debts  are  settled,  business  engage- 
ments entered  into,  property  bought  and  sold,  and,  if 
an  election  is  near,  much  stump  speaking  and  political 
discussion  take  place. 

County  and  District  OflScers.  —  The  county  officers 
elected  by  the  people  are  a  sheriff,  an  attorney  for  the 
commonwealth,  a  clerk,  a  treasurer,  and  one  or  more 
commissioners  of  the  revenue.  Each  of  these  officers 
serves  for  a  term  of  four  years,  except  the  county  clerk, 
who  holds  his  office  for  six  years.  In  addition  to  the 
above-named  officers,  each  county  has  also  a  surveyor, 
a  superintendent  of  the  poor,  and  one  or  more  coroners, 

CIV.  gov't  of  VA.  —  2 


1 8  THE  COUNTY 

a  superintendent  of  schools,  and  a  judge  of  the  county 
court,  who  are  not  elected  by  the  people,  but  are  ap- 
pointed by  properly  constituted  authorities.  Their 
terms  of  service  and  the  method  of  their  appoint- 
ment will  be  given  when  the  duties  of  each  are 
stated. 

In  each  magisterial  district,  one  supervisor,  three 
justices  of  the  peace,  one  constable,  and  one  overseer 
of  the  poor  are  elected  by  the  people,  each  for  a  term 
of  two  years. 

Qualifying  for  Office.  —  Each  of  the  county  and  dis- 
trict officers  is  required,  when  he  qualifies  for  office, 
to  take  an  oath  that  he  will  faithfully  discharge  his 
duties,  and  also  an  oath  that  he  has  not  fought  and 
will  not  fight  a  duel.  All  officers  except  the  common- 
wealth's attorney,  the  justice  of  the  peace,  and  the 
county  judge  have  to  give  bonds,  with  security,  to  in- 
sure their  fidelity. 

Vacancies.  —  When  vacancies  occur  in  county  or 
district  offices,  the  county  court  fills  them  temporarily 
till  they  can  be  filled  by  the  people  at  the  next  general 
election.  A  vacancy  in  the  clerkship  of  the  circuit 
court,  when  the  duties  of  the  office  are  not  discharged 
by  the  clerk  of  the  county  court,  is  filled  by  the  circuit 
court.  If  the  office  of  county  judge  becomes  vacant, 
the  governor  is  authorized  to  designate  a  judge  of  any 
other  county  court,  to  hold  the  regular  terms  of  the 
county  court,  in  which  the  vacancy  exists,  till  it  can 
be  filled  by  the  General  Assembly.  As  a  rule,  with 
hardly  an  exception,  officials  must  reside  within  the 
limits  of  their  jurisdiction. 


BOARD   OF  SUPERVISORS  1 9 

Board  of  Supervisors.  —  Each  county  is  a  corpora- 
tion, that  is,  it  has  the  power  to  act  as  an  individual, 
but  like  all  corporations,  it  must  act  through  agents. 
The  principal  agent  of  the  county  is  the  board  of  su- 
pervisors, which  is  composed  of  all  the  district  supervis- 
ors. This  board  meets  annually  at  the  courthouse  on 
the  fourth  Monday  in  July,  and  holds  also  monthly 
meetings.  One  of  the  supervisors  is  elected  chairman, 
and  the  clerk  of  the  county  is  ex-officio  ^  clerk  of  the 
board.  As  the  agent  of  the  county,  this  body  has  many 
important  duties  to  discharge,  some  of  which  are  legis- 
lative and  some  executive  in  character.  Its  chief  func- 
tions are  to  examine  all  the  claims  that  are  brought 
against  the  county,  to  allow  such  as  are  correct,  and  to 
issue  warrants  2  on  the  treasurer  for  their  payment,  to 
audit  the  accounts  of  all  officers  who  receive  and  pay 
out  money  belonging  to  the  county,  to  examine  the 
books  of  the  commissioners  of  the  revenue,  to  regulate 
and  equalize  the  valuation  of  property,  to  determine  the 
amount  of  money  to  be  raised  by  taxation  for  the  gov- 
ernment of  the  county,  and  to  order  the  annual  tax 
levies  to  raise  it.  The  board  prescribes  rules  and  plans 
for  repairing  roads  and  bridges,  and  in  the  months  of 
April  and  October  of  each  year  makes  a  personal  in- 
spection of  all  dams  and  rivers.  It  is  empowered, 
within  limits  prescribed  by  law,  to  levy  school  taxes,  to 
borrow  money  for  the  county  to  aid  in  carrying  on 
works  of  internal  improvement,  and  to  levy  taxes   on 

1  By  virtue  of  his  office. 

2  A  warrant,  in  this  sense,  is  a  written  order  on  the  treasurer  for 
money. 


20  THE  COUNTY 

the  people  to  meet  the  debt  thus  incurred.  The  board 
provides  the  courthouse,  clerk's  office,  jail,  and  farm  for 
the  reception  of  the  poor,  and  it  has  charge  of  all 
county  property,  except  the  courthouse,  which  is  under 
the  supervision  of  the  judge  of  the  county  court.  It 
represents  the  county  in  suits  at  law,  and  in  general  has 
the  management  of  the  business  interests  of  the  county 
in  all  cases  where  no  other  provision  is  made.  It  fur- 
nishes ballot  boxes  for  the  voting  places,  has  authority 
to  have  a  true  meridian  run  at  some  central  and  acces- 
sible place  in  the  county,  and  can  establish  a  hospital,  if 
one  is  needed.  This  board  may  also  abolish  the  fence 
law  of  the  state  in  its  own  county  or  in  any  part 
of  it. 

The  Treasurer.  —  The  treasurer  receives  all  money 
that  is  paid  into  the  county  treasury,  and  disburses  it  in 
the  manner  prescribed  by  law.  All  county,  state,  and 
school  funds  come  into  his  hands.  The  county  money 
he  pays  out  upon  warrants  issued  by  the  board  of  su- 
pervisors, and  settles  his  accounts  with  the  county  at  the 
July  meeting  of  the  board,  or  as  soon  thereafter  as  pos- 
sible. 

The  money  belonging  to  the  state  he  transmits  to  the 
state  treasury,  and  settles  with  the  auditor  in  regard  to 
what  he  has  received  on  account  of  the  state.  The 
school  money  he  pays  out  upon  warrants  issued  by  the 
proper  school  authorities.  He  is  not  allowed  to  specu- 
late in  county  warrants,  nor  to  use  or  lend  county 
money. 

The  Surveyor.  —  Each  county  has  a  surveyor,  who  is 
appointed  for  a  term  of  four  years  by  the  county  court 


THE  CORONER  21 

judge,  upon  the  recommendation  of  the  board  of  super- 
visors. He  makes  all  surveys  ordered  by  the  courts, 
and  also  surveys  land  privately  for  persons  who  pay 
him  fees  established  by  law.  In  making  surveys,  he  is 
required  to  measure  all  lines  horizontally,  and  to  give 
the  magnetic  variation. 

The  Superintendent  and  Overseers  of  the  Poor.  — 
The  superintendent  of  the  poor  is  appointed  by  the 
county  court  judge,  upon  the  recommendation  of  the 
board  of  supervisors,  and  holds  his  office  for  a  term  of 
four  years.  He  has  charge  of  the  county  poorhouse, 
or  place  of  general  reception  of  the  poor,  where  he  re- 
ceives such  paupers  as  are  sent  to  him  by  the  overseers 
of  the  poor  from  the  several  magisterial  districts  of  the 
county,  and  cares  for  them  in  the  manner  provided  by 
law.  His  salary  is  fixed  by  the  board  of  supervisors 
within  limits  prescribed  by  law ;  and  every  year,  at  the 
July  meeting  of  the  board,  he  is  required  to  make  a 
report,  giving  a  full  account  of  his  transactions. 

The  overseer  of  the  poor  in  each  magisterial  district 
looks  after  persons  unable  to  support  themselves,  giv- 
ing assistance  to  some  at  their  homes,  and  having 
others  sent  to  the  poorhouse. 

The  Coroner.  —  There  are  in  every  county  one  or 
more  coroners  who  are  appointed  by  the  judge  of  the 
county  court,  and  who  may  hold  office  for  two  years. 
The  coroner's  chief  duty  is  to  investigate  the  cause  of 
the  death  of  any  person  who  is  supposed  to  have  died 
by  violence  and  not  by  casualty.  When  a  death  takes 
place  under  circumstances  that  demand  an  investigation, 
the  coroner  is  notified,  and  he  institutes  an  examination. 


22  THE  COUNTY 

He  summons  a  jury  of  six  men,  as  well  as  witnesses 
and  physicians,  if  needed.  If  the  jury,  after  all  the 
circumstances  have  been  investigated,  accuses  any  one, 
the  coroner  is  required  to  arrest  that  person  and  com- 
mit him  to  prison. 

If  the  sheriff  is  disqualified,  or  if  the  office  becomes 
vacant,  the  coroner  acts  in  his  place. 

Commissioner  of  the  Revenue.  —  It  is  the  duty  of 
the  commissioner  of  the  revenue  to  make  annually  a 
list  of  the  names  of  all  persons  in  his  district  liable  to 
taxation,  together  with  the  estimated  value  of  the  prop- 
erty of  each  person.  Each  taxpayer  is  required  by  law 
to  furnish  to  the  commissioner  of  the  revenue  a  list  of 
all  his  taxable  personal  property,  moneys,  etc.,  so  that 
his  taxes  can  be  correctly  estimated.  The  commis- 
sioner issues  also  to  any  person  who  pays  the  fees 
prescribed  by  law,  a  license  to  engage  in  any  business, 
employment,  or  profession  upon  which  a  tax  is  placed. 
He  likewise  collects,  while  discharging  his  duties  in 
connection  with  taxation,  statistics  of  births  and  deaths 
that  have  taken  place,  and  information  in  regard  to  ex- 
Confederate  soldiers  and  sailors.  These  statistics  are 
filed  in  the  office  of  the  clerk  of  the  county. 

Justice  of  the  Peace.  —  It  is  the  duty  of  the  justice  of 
the  peace  to  preserve  the  public  peace,  and  therefore 
to  bind  over  such  persons  as  threaten  to  break  it ;  to 
suppress  riots,  to  issue  warrants  ^  for  the  arrest  of  per- 
ns who  violate  the  laws  or  are  accused  of  committing 

1 A  warrant,  as  the  term  is  used  here,  is  a  written  order  issued  by  a  jus- 
tice, authorizing  an  officer  to  make  an  arrest,  a  seizure,  or  a  search,  or  do 
other  acts  incident  to  the  administration  of  justice. 


THE   SHERIFF  23 

crimes,  to  issue  search  warrants  for  stolen  property, 
counterfeit  coins,  etc.  He  issues  warrants  for  the  re- 
moval of  paupers  to  the  poorhouse,  and  acts  in  the 
place  of  the  coroner,  when  no  coroner  is  available.  He 
has  authority  also  to  administer  oaths,  and  to  take  and 
certify  acknowledgments  of  deeds  and  other  legal  docu- 
ments. In  addition  to  his  other  duties,  he  presides  over 
the  humblest  court  in  the  land,  the  jurisdiction  of  which 
will  be  explained  in  the  chapter  on  courts. 

The  Constable.  —  The  constable  is  a  conservator  of 
the  peace,  and  he  is  the  ministerial  officer  of  the  justice's 
court.  He  serves  the  summons,  warrants,  writs,^  exe- 
cutions,^  and  other  legal  processes  issued  by  the  justice ; 
arrests  persons  on  criminal  charges  and  upon  demands 
of  security  of  peace,  and  commits  them  to  safe  custody 
till  he  can  bring  them  before  a  justice.  He  also  sum- 
mons juries  to  attend  coroners'  inquests. 

The  Sherifif.  —  The  sheriff  is  an  officer  of  great  antiq- 
uity. Shire-reeve,  steward  of  the  shire,  he  was  called 
in  England,  when  the  country  was  divided  into  shires ; 
and,  in  the  course  of  time,  shire-reeve  was  changed  into 
sheriff.  He  is  the  county's  chief  executive  officer,  and 
as  such  he  has  many  important  duties  to  perform.  He 
has  to  attend  the  courts  that  meet  in  his  county,  and  to 
execute  and  return  their  orders  promptly.  He  executes, 
likewise,  all  sentences  and  judgments  of  the  court.  He 
sells  personal  property  under  execution,  and  carries  into 

1 A  writ  is  a  written  order  issued  by  a  court,  directing  something  <^  be 
done  in  regard  to  a  case  or  suit. 

2  An  execution  is  the  act  of  carrying  into  effect  the  final  judgment  of  a 
court. 


24  THE  COUNTY 

effect  decrees  ^  of  court  for  the  sale  of  property  when 
special  commissioners  are  not  appointed.  He  adminis- 
ters on  the  estates  of  deceased  persons,  when  no  one 
else  qualifies  as  administrator,  and  he  cannot  resign  this 
trust  when  the  court  commits  an  estate  to  him.  He  is 
authorized  by  the  state  to  seize  the  personal  property  of 
a  taxpayer  who  refuses  to  pay  his  taxes,  and  sell  it  at 
auction.  Out  of  the  proceeds,  he  pays  the  delinquent 
taxes,  and,  if  anything  is  left,  he  returns  it  to  the  former 
owner.  The  county  jail  and  the  prisoners  confined  in  it 
are  in  his  charge.  If  prisoners  are  threatened  by  vio- 
lence from  mobs,  he  must  protect  them.  He  has  to 
arrest  criminals,  prevent  crime,  and  preserve  the  peace 
of  the  county.  He  is  assisted  in  his  work  by  as  many 
deputies  as  may  be  necessary,  who  are  appointed  by  the 
county  court  upon  his  recommendation.  But  if  in 
quelling  riots,  arresting  offenders,  etc.,  he  needs  more 
help  than  his  deputies  can  give  him,  he  may  call  to  his 
aid  as  many  men  as  he  deems  necessary.  He  may  call 
upon  the  commander  of  any  regiment  in  the  county 
for  soldiers  to  help  him,  or  upon  the  governor  for 
troops. 

Commonwealth's  Attorney. — This  officer  is  elected 
by  the  people,  to  be  the  legal  counsel  of  the  county 
in  cases  at  law,  to  which  it  is  a  party  and  which  are 
tried  before  the  county  and  circuit  courts.  He  com- 
mences and  prosecutes  all  cases  in  which  the  county  is 
interested.  He  represents  the  county  before  the  board 
of  supervisors,  looks  after  all  debts  due  it,  draws  busi- 

^  A  decree  is  a  judgment  or  sentence  of  a  court  of  equity. 


THE  CLERK  2$ 

ness  contracts^  for  it,  investigates  claims  that  are 
brought  against  it,  and  in  general  acts  for  it  in  all  legal 
matters.  He  prosecutes  all  criminal  charges  in  his 
county  and  is  the  legal  adviser  of  the  county  officers. 

The  Clerk.  —  The  clerk  of  the  county  court  is  also 
clerk  of  the  circuit  court.  But  in  counties  containing 
fifteen  thousand  inhabitants  there  may  be  a  separate 
clerk  for  the  circuit  court.  It  is  the  duty  of  this  officer 
to  record,  in  books  provided  for  the  purpose,  all  legal 
papers  required  by  law  to  be  preserved,  such  as  deeds,^ 
mortgages,^  wills,*  appraisements  of  estates  of  deceased 
persons,  inventories  of  property  that  comes  into  the 
hands  of  fiduciaries,^  and  accounts  of  sales  of  property 
by  fiduciaries,  and  reports  of  commissioner  of  accounts, 
showing  what  disposition  fiduciaries  have  made  of  funds 
committed-  to  their  management  by  the  courts.  He 
records  the  proceedings  of  the  county  court,  including 
its    rulings,^  orders,   and  judgments  ;  ''  issues  marriage 

1 A  contract  is  an  agreement  between  two  or  more  persons  concerning 
something  to  be  done,  whereby  both  parties  are  bound  to  each  other,  or 
one  is  bound  to  the  other. 

2  A  deed  of  land  is  a  writing  by  which  the  ownership  of  land  is  trans- 
ferred to  a  purchaser. 

2  A  mortgage  of  land  is  a  conveyance  of  lands  by  a  debtor  to  a  cred- 
itor as  security  for  the  payment  of  a  debt,  the  mortgage  becoming  void 
when  the  debt  is  paid.  Mortgages  are  also  taken  on  personal  property  to 
secure  the  payment  of  debt.     These  are  called  chattel  mortgages. 

*  A  will  is  a  writing  in  which  a  person  states  what  disposition  he  wishes 
made  of  his  property  after  his  death. 

^  A  fiduciary  is  a  person  who  holds  a  thing  in  trust  for  another  person. 

^  A  ruling  is  a  decision  or  rule  of  a  judge  or  a  court,  especially  an  oral 
decision,  as  in  excluding  evidence. 

''A  judgment  is  a  decision  or  sentence  of  the  law,  given  by  a  court  of 
justice  or  other  competent  tribunal,  as  the  result  of  proceedings  instituted 
for  the  redress  of  injury. 


26  THE  COUNTY 

licenses,  and  registers  marriages,  births,  and  deaths. 
He  also  makes  up  the  dockets  of  the  circuit  court,  and 
records  all  its  decrees  and  orders,  unless  this  court  has 
a  clerk  of  its  own.  Since  in  Virginia  judgments  have 
to  be  docketed  in  the  office  of  the  clerk  of  the  county, 
in  order  to  bind  the  lands  of  the  judgment  debtor,  the 
circuit  clerk  furnishes  the  clerk  of  the  county  court  an 
extract  of  all  judgments  and  decrees  of  the  circuit  court 
for  the  payment  of  money  to  be  docketed. 

County  Judge.  —  Every  county  which  contains  not 
less  than  eight  thousand  inhabitants  has  a  county 
court  judge.  He  is  chosen  by  the  joint  vote  of  the  two 
houses  of  the  General  Assembly,  and  holds  his  office 
for  a  term  of  six  years.  Counties  containing  less  than 
eight  thousand  inhabitants  are  attached  to  adjoining 
counties  for  the  formation  of  districts  for  county  judges. 
The  county  judge  holds  the  county  court  each  month 
and  transacts  its  business.  The  jurisdiction  of  this 
court  will  be  explained  in  the  chapter  on  courts. 

Other  County  Officers.  —  In  addition  to  the  county 
officers  that  have  been  named,  there  is  a  physician  to 
the  poor,  who  is  appointed  by  the  board  of  supervisors, 
and  a  sealer  of  weights  and  measures,  appointed  by  the 
county  court.  The  latter  keeps  the  standard  weights, 
balances,  and  measures  furnished  by  the  state  to  the 
county,  by  which  those  belonging  to  individuals  are  to 
be  tested.  Once  also  in  every  five  years,  the  county 
judge  appoints  as  many  land  assessors  for  each  county 
as  there  are  commissioners  of  the  revenue.  These  offi- 
cers assess  at  a  fair  cash  value  all  the  lands  and  lots  in 
the  county  with  the  improvements  on  them,  and  from 


SALARIES   OF   COUNTY   OFFICERS  2/ 

the  valuation  thus  obtained,  the  annual  taxes  on  real 
estate  are  assessed. 

Salaries  of  County  Officers.  —  The  sheriff,  clerk  of  the 
county  court,  and  commonwealth's  attorney  are  gen- 
erally paid  in  fees,  though  in  some  instances  the  court 
or  the  board  of  supervisors  may  authorize  them  to  be 
paid  limited  salaries  or  sums.  The  justice  of  the  peace 
is  paid  in  fees,  and  so  is  the  coroner,  the  constable,  the 
surveyor,  and  the  sealer  of  weights  and  measures.  The 
superintendent  of  the  poor  receives  a  salary  which  is 
fixed  by  the  board  of  supervisors  and  varies,  according 
to  the  population  of  the  county,  from  two  hundred  and 
forty  dollars  to  three  hundred  and  twenty  dollars, 
except  in  Halifax  County,  where  the  board  of  super- 
visors can  allow  the  superintendent  of  the  poor  as  much 
as  seven  hundred  dollars.  Each  overseer  of  the  poor 
and  each  land  assessor  receives  two  dollars  per  day  for 
the  time  he  is  actually  engaged  in  the  work  of  his  office. 
The  physician  to  the  poor  receives  a  salary  which  is 
determined  by  the  board  of  supervisors.  The  treasurer 
is  paid  by  a  commission  on  the  money  he  receives  and 
disburses,  and  the  commissioner  of  the  revenue  is  paid 
partly  by  fees  and  partly  by  a  commission  on  taxes 
assessed  by  him.  In  some  instances,  however,  he  is 
allowed  a  salary  by  the  supervisors.  The  county  judge 
receives  two  hundred  and  eighty  dollars  and  an  addi- 
tional sum  of  twenty  dollars  for  each  thousand  inhabit- 
ants in  the  county  over  ten  thousand ;  but  in  a  number 
of  the  counties  the  board  of  supervisors  has  authority 
by  special  acts  of  the  General  Assembly  to  increase  the 
judge's  salary  within  specified  limits.      The  pay  of  a 


28  THE  COUNTY 

supervisor  is,  in  most  of  the  counties,  three  dollars  per 
day,  for  the  time  he  actually  spends  at  meetings  of  the 
board,  and  five  cents  for  each  mile  he  travels  in  going 
to  meetings  and  in  returning  from  them.  In  a  few 
counties,  however,  a  supervisor  is  paid  only  two  dollars 
per  day ;  and  some  counties  have  special  laws  in  regard 
to  the  compensation  of  supervisors. 

County  Superintendent  of  Schools.  —  Each  county  has 
also  a  superintendent  of  schools,  whose  duties  will  be 
explained  in  the  chapter  on  The  Public  School  System. 

QUESTIONS 

1 .  State  the  origin  of  the  name  county. 

2.  How  were  the  first  Virginia  counties  formed  and  named? 

3.  By  whose  authority,  and  under  what  rules,  can  new  counties  be 

formed  ? 

4.  What  are  the  divisions  and  subdivisions  of  the  county? 

5.  What  powers  of  government  does  the  county  exercise? 

6.  What  are  the  functions  of  the  county  government  ? 

7.  Describe  the  county  seat,  and  tell  what  is  done  on  court  days. 

8.  Name  the  county  officers.    Give  their  respective  terms  of  office. 

9.  Those  of  a  district. 

10.  What  are  the  qualifications  for  office? 

11.  When  vacancies  occur  in- the  offices,  how  are  they  filled? 

12.  What  board  constitutes  the  principal  agent  of  a  county?    When 

and  how  often  does  it  meet? 

13.  What  are  some  of  the  duties  of  this  board? 

14.  What  are  the  duties  of  the  county  treasurer? 

15.  State  the  term  of  office,  and  the  duties  of  the  county  surveyor. 

16.  How  is  the  superintendent  of  the  poor  appointed,  and  what  are 

his  duties? 

17.  What  is  the  difference  between  the  superintendent  and   the 

overseer  of  the  poor? 

18.  By  whom  are  coroners  appointed  ?   What  is  their  term  of  office  ? 

19.  Give  an  outline  of  what  a  commissioner  of  the  revenue  is  ex- 

pected by  law  to  do. 


QUESTIONS  29 

20.  The  justice  of  the  peace. 

21.  The  constable. 

22.  The  sheriff. 

23.  The  commonwealth's  attorney. 

24.  What  are  the  duties  of  the  clerk  of  the  county  court? 

25.  How  many  inhabitants  entitle  a  county  to  a  judge? 

26.  By  whom  is  he  chosen,  and  what  is  his  term  of  office? 

27.  Mention  some  of  the  other  county  officers  with  their  respective 

duties. 

28.  How  are  the  salaries  of  most  of  the  county  officers  determined? 

29.  How  are  the  salaries  of  the  superintendent,  overseer,  and  phy- 

sician of  the  poor  determined? 

30.  Of  the  treasurer  and  the  county  judge? 

31.  What  is  the  usual  pay  of  a  supervisor  while  on  duty? 


CHAPTER   III 

TOWNS  AND  CITIES 

Preparatory  Work.  —  Name  the  village,  town,  or  city  nearest  to 
your  home.  Who  is  the  mayor  ?  Name  a  councilman.  What  other 
officers  do  you  know  in  your  town  or  city?  How  do  their  duties 
compare  with  those  of  similar  officers  in  a  county?  What  buildings 
are  owned  by  your  town  or  city?  Must  inhabitants  of  towns  and 
cities  obey  the  state  laws?    What  special  laws  must  they  obey? 

Formation  of  Towns  and  Cities. — When  any  portion 
of  the  country  becomes  so  densely  populated  that  more 
minute  regulations  or  laws  are  necessary  for  it  than  for 
the  more  sparsely  settled  sections,  the  citizens  of  the 
thickly  settled  part  petition  the  General  Assembly  to 
incorporate  them  into  a  town,  or  into  a  city  if  they 
are  sufficiently  numerous,  so  that  they  can  have  a  local 
government  of  their  own.  If  the  petition  is  granted, 
the  Legislature  passes  a  law,  which  gives  the  people  the 
powers  they  desire.     Thus  towns  and  cities  are  formed. 

The  Charter.  —  The  law  by  which  a  town  or  city  is 
incorporated  is  generally  called  a  charter.  This  instru- 
ment makes  the  town  or  city  a  corporation,  fixes  its 
boundaries,  defines  its  powers  and  privileges,  gives  it  a 
name,  and  states  what  officers  it  shall  have  to  carry 
on  its  government.  The  charter  also  enumerates  the 
duties  of  the  officers,  and  provides  for  their  election 
or  appointment.  It  is  the  fundamental  law  of  the 
town  or  city,  just  as  the  constitution  is  of  the  state. 
Towns  and  cities  present  a  general  uniformity  in  their 

30 


FUNCTIONS  OF  CITY  AND  TOWN  GOVERNMENT       31 

government,  the  state  granting  to  all  similar  privi- 
leges and  imposing  on  all  similar  duties;  but  there  is 
much  variety  in  matters  of  detail,  as  some  charters  con- 
fer special  rights  and  privileges.  The  form  of  govern- 
ment laid  down  in  a  charter  usually  provides  for  a  legis- 
lative council,  a  mayor,  a  treasurer,  a  clerk  who  records 
the  proceedings  of  the  council,  a  police  force,  a  ser- 
geant, one  or  more  justices  of  the  peace,  and  contains 
provisions  for  the  election  or  appointment  of  such  other 
officers  as  may  be  needed.  But  the  charter,  unless  the 
contrary  is  expressly  provided,  is  subject  to  the  general 
laws  of  the  state,  for  the  regulation  of  towns  and  cities. 

Difference  between  a  Town  and  a  City.  —  The  word 
town  is  defined  in  Virginia  law  as  an  incorporated 
town  containing  less  than  five  thousand  inhabitants. 
When  an  incorporated  town  reaches  a  population  of 
five  thousand,  the  constitution  of  the  state  authorizes 
the  two  houses  of  the  General  Assembly  to  elect  by 
joint  ballot  a  judge  who  shall  hold  in  the  place  a  cor- 
poration or  hustings  court,^  and  when  this  is  done  the 
town  is  called  a  city.  The  word  city  accordingly  means 
an  incorporated  town  with  a  population  of  five  thousand 
or  more  which  has  a  corporation  or  hustings  court. 
The  term  village  as  used  in  Virginia  means  an  as- 
semblage of  houses  that  has  not  been  incorporated,  but 
whose  inhabitants  are  under  the  government  of  the 
county  in  which  they  reside. 

Functions  of  City  and  Town  Government.  —  The 
government  of   a   city   or   town    has    many   important 

1  In  English  law  a  hustings  court  was  formerly  the  principal  court  of  a 
city. 


32  TOWNS  AND   CITIES 

duties  to  perform,  such  as  to  provide  lights,  to  con- 
struct streets,  bridges,  and  sewers,  to  erect  public  build- 
ings, schoolhouses,  and  waterworks,  to  build  prisons 
and  workhouses,  to  establish  parks  and  cemeteries,  to 
prescribe  rules  for  the  holding  of  markets,  and  regula- 
tions in  regard  to  the  erection  of  buildings,  to  support 
a  fire  department,  to  provide  for  the  weighing  or 
measuring  of  hay,  coal,  and  other  articles  offered  for 
sale,  to  abate  nuisances,  to  lay  down  regulations  for  the 
promotion  of  health,  and  to  provide  a  police  force  suffi- 
cient to  protect  the  lives  and  the  property  of  the  citizens. 

The  Council.  —  The  city  is,  for  convenience  in  its 
government,  divided  into  wards,  and  the  voters  of  the 
different  wards  elect  councilmen  to  represent  them  in 
the  city  council.  The  town  is  not  divided  into  wards, 
but  the  people  elect  a  mayor  and  councilmen,  and  these 
together  constitute  the  council  of  the  town. 

The  council  is  the  legislative  body  of  the  city  or 
the  town ;  and  it  has  power  to  pass  laws  which  are 
called  ordinances,  to  carry  out  the  various  functions  of 
the  government  which  have  been  mentioned  and  all 
others  conferred  by  statute  law  or  specially  granted  by 
charter.  It  has  authority  to  levy  taxes  to  pay  the 
expenses  of  the  government  and  of  the  schools,  and  to 
prescribe  fines  or  other  punishments  for  the  violation  of 
ordinances.  The  council  has  also  the  right  to  appoint 
a  collector  of  its  taxes  and  levies,  with  such  other  officers 
as  may  be  needed,  to  define  their  powers  and  prescribe 
their  duties  and  compensation. 

The  Mayor.  —  The  mayor  is  elected  by  the  quali- 
fied voters  of  the  city  or  town,  and  is  the  chief  execu- 


OFFICERS  33 

tive  officer  of  the  corporation.  As  such,  he  is  responsi- 
ble for  the  efficiency  of  the  government.  It  is  incum- 
bent upon  him  to  see  that  the  ordinances  are  obeyed, 
and  the  laws  of  the  state  carried  out  as  far  as  they 
apply  to  the  city  or  town.  In  preserving  order,  he  has 
at  his  command  the  police  force,  and  if  necessary  he 
may  call  on  the  governor  for  aid.  He  is  president  of 
the  council,  and  calls  special  meetings  when  they  are 
needed.  In  towns  and  in  some  cities  he  holds  a  court, 
called  the  mayor's  court,  which  tries  offenses  involving 
violations  of  ordinances  and  such  cases  as  come  before 
the  court  of  a  justice  of  the  peace.  In  other  cities  a 
police  justice  holds  a  court  that  takes  the  place  of  the 
mayor's  court. 

The  mayor  is  charged  with  seeing  that  the  duties 
of  the  various  officers  are  faithfully  performed.  He 
has  the  power  to  investigate  their  acts,  has  access  to 
all  the  books  and  documents  in  their  offices,  and  may 
examine  them  and  their  subordinates  on  oath.  He  is 
authorized  to  suspend  or  remove  officers  for  neglect  of 
duty  or  for  misconduct  in  office.  In  some  towns,  the 
council  elects  the  mayor,  and  exercises  supervision  over 
the  officers.  An  examination  of  the  charters  of  differ- 
ent cities  and  towns  will  be  necessary  in  order  to  ascer- 
tain all  the  points  in  which  they  differ  in  government. 

Other  Officers.  —  The  other  officers  usually  connected 
with  the  city  government  are  a  treasurer,  a  clerk  of 
the  corporation  or  hustings  court,  who  is  also  clerk  of 
the  circuit  court,  except  that  in  cities  with  a  population 
of  thirty  thousand  or  more  there  may  be  a  separate 
clerk  for  the  circuit  court,  a  commonwealth's  attorney, 
CIV.  gov't  of  va.  —  3 


34 


TOWNS  AND  CITIES 


a  commissioner  of  the  revenue,  and  a  sergeant.  These 
are  all  elected  by  the  people.  The  city  sergeant  is  the 
ministerial  officer  of  the  courts  that  meet  in  the  city,  and 
in  general  his  duties  are  the  same  as  those  of  a  sheriff. 
The  town  sergeant  has  the  same  duties  and  powers  as 
a  constable.  The  other  officers  discharge  for  the  city 
the  duties  that  the  corresponding  officials  do  for  the 
county.  In  addition  to  the  above  officers,  cities  have 
an  engineer,  a  collector,  a  chief  of  the  fire  department, 
a  chief  of  the  police,  etc.,  who  are  appointed  generally 
by  the  council. 

QUESTIONS 

1 .  How  are  towns  and  cities  formed  ? 

2.  What  is  a  charter,  and  what  powers  does  it  confer  upon  a  town 

or  city  ? 

3.  Give  a  list  of  the  officers  granted  under  a  charter. 

4.  What  is  the  difference  between  a  town  and  a  city? 

5.  What  does  the  term  w//^^,?  mean? 

6.  Mention  some  of  the  duties  performed  by  the  government  of  a 

town  or  city. 

7.  What  is  a  town  or  city  council,  and  what  authority  has  it? 

8.  How  is  a  mayor  elected,  and  what  are  the  duties  of  his  office? 

9.  Mention  other  officers  connected  with  a  town  or  city  govern- 

ment. 
10.    How  are  they  elected  or  appointed,  and  what  are  their  duties? 


CHAPTER   IV 

THE  STATE  — LEGISLATIVE  DEPARTMENT 

Preparatory  Work.  —  What  is  a  legislature,  and  why  is  it  necessary 
to  have  one?  How  often  does  the  Virginia  legislature  meet?  Who 
represents  your  county,  city,  or  town  in  the  House  of  Delegates? 
Who  is  the  senator  from  your  district?  Are  representatives  and 
senators  elected  or  appointed?  What  should  be  the  character  of 
the  men  sent  to  the  legislature  ?  What  duties  do  they  perform  in  the 
legislature?  Do  you  know  any  special  law  which  the  people  in  your 
community  wish  to  have  passed  ? 

The  General  Assembly.  —  The  lawmaking  power  of 
the  state  is  vested  by  the  constitution  in  a  General 
Assembly,  or  Legislature,  which  consists  of  a  Senate 
and  a  House  of  Delegates.  A  senator  serves  for  four 
years,  and  a  member  of  the  House  of  Delegates  for  two 
years,  but  both  are  eligible  to  reelection.  Members  of 
the  House  of  Delegates  and  half  the  senators  are  elected 
by  the  people  every  two  years  on  the  Tuesday  succeed- 
ing the  first  Monday  in  November,  and  begin  their 
duties  on  the  first  Wednesday  in  the  following  De- 
cember. These  elections  take  place  in  the  odd-num- 
bered years,  and  when  vacancies  occur  they  are  filled 
by  special  elections. 

Qualifications  of  Members  of  the  General  Assembly. — 
Any  person  twenty-one  years  old,  who  holds  no  salaried 
office  under  the  state  government,  can  be  elected  to  the 

35 


36  THE   STATE— LEGISLATIVE  DEPARTMENT 

General  Assembly,  provided  he  is  a  citizen  of  the  United 
States,  and  has  been  a  resident  of  Virginia  for  a  year, 
and  of  the  district,  county,  or  city  he  wishes  to  represent 
three  months  immediately  preceding  the  election.  Dur- 
ing his  term  of  service  he  is  required  to  reside  in  the 
district,  county,  or  city  he  represents,  and  if  he  does  not 
do  this,  his  office  becomes  vacant.  Each  house  is  the 
exclusive  judge  of  the  election  and  qualifications  of  its 
members,  punishes  them  for  disorderly  conduct,  and  can, 
by  a  two-thirds  vote,  expel  a  member. 

Sessions. — The  constitution  requires  the  General 
Assembly  to  meet  regularly  every  alternate  year  on  the 
first  Wednesday  in  December.  The  meetings  take  place 
in  the  odd-numbered  years.  The  law  fixes  the  limit  of 
a  session  at  ninety  days ;  but  a  session  can  be  extended 
for  an  additional  period,  not  exceeding  thirty  days,  by  a 
special  three-fifths  vote  of  each  house.  Neither  house 
can,  during  a  session  of  the  General  Assembly,  adjourn 
without  the  consent  of  the  other  for  more  than  three 
days,  nor  to  any  other  place  than  that  in  which  the  two 
houses  are  holding  their  meetings. 

A  majority  of  the  members  elected  to  each  house 
constitutes  a  quorum  to  do  business,  but  a  smaller  num- 
ber can  adjourn  from  day  to  day,  and  has  power  to 
compel  the  attendance  of  absent  members  in  such  man- 
ner, and  under  such  penalty,  as  each  house  may  pre- 
scribe. 

The  governor  is  required  to  call  an  extra  session  of 
the  General  Assembly  on  application  of  two  thirds  of 
the  members  of  both  houses,  or  when,  in  his  opinion,  the 
interest  of  the  state  requires  him  to  do  so. 


SCOPE  OF  STATE  LEGISLATION  37 

The  CapitoL  —  The  capitol,  or  statehouse,  is  in  the 
city  of  Richmond,  and  here  the  constitution  requires 
the  General  Assembly  to  meet,  though  in  cases  of  emer- 
gency it  may  meet  elsewhere.  The  statehouse  is  a 
handsome  building,  conspicuously  located  in  a  park  of 
twelve  acres. 

Richmond,  the  capital  city,  was  founded  by  Colonel 
William  Byrd  in  1733,  and  was  made  a  town  by  law  in 
the  reign  of  George  H.  In  1779,  before  the  Constitution 
of  the  United  States  was  formed,  it  became  the  seat  of 
Virginia's  government,  and  it  has  continued  so  ever 
since  that  time.  More  events  of  historic  importance 
have  occurred  in  this  city,  and  in  the  country  around  it, 
than  in  any  locality  in  the  Union. 

Privileges  of  Members  and  their  Salaries.  —  Members 
of  the  General  Assembly  are  in  all  cases,  except  in  cases 
of  treason,  felony,  or  breach  of  the  peace,  privileged 
from  arrest  during  the  sessions  of  their  respective 
houses  ;  and,  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place.  They 
are  not  subject  to  arrest  under  any  civil  process  during 
the  session  of  the  General  Assembly,  nor  for  fifteen  days 
before  the  opening  and  after  the  closing  of  the  session. 
Each  member  receives  a  salary  of  three  hundred  and 
sixty  dollars  for  attendance  and  services  at  each  regu- 
lar session  of  the  General  Assembly,  and  one  hundred 
and  eighty  dollars  for  duties  rendered  during  an  extra 
session. 

Scope  of  State  Legislation.  —  The  acts  passed  by  the 
General  Assembly  constitute  the  statute  law,  which  has 
a  wide    field  of   application.     It  regulates  the  buying, 


38  THE   STATE  — LEGISLATIVE   DEPARTMENT 

the  selling,  and  the  inheritance  of  property,  the  admin- 
istration of  estates,  the  making  of  contracts,  partner- 
ships, promissory  notes  and  checks,  the  granting  of 
charters  to  corporations,  such  as  railroad,  telephone, 
electric  light,  manufacturing,  mining,  and  insurance 
companies.  The  state  through  its  laws  provides  for 
raising,  by  taxation,  money  to  carry  on  the  government ; 
makes  laws  in  regard  to  marriage ;  prescribes  the  legal 
relation  of  husband  and  wife,  parent  and  child,  master 
and  servant;  provides  for  the  establishment  of  chari- 
table institutions  ;  supports  education  ;  creates  county, 
city,  and  town  governments ;  determines  methods  of 
procedure  for  the  various  courts  ;  regulates  the  suffrage, 
and  is  charged  with  the  prevention  of  crime  and  the 
punishment  of  criminals.  Thus  the  state  comes  very 
near  to  the  people,  and  has  authority  to  make  such 
laws  as  will  best  promote  their  welfare  in  all  the  ordi- 
nary affairs  of  life.  Indeed,  the  term  House  of  Dele- 
gates is  intended  to  convey  the  idea  that  the  mem- 
bers are  sent  by  the  people  to  enact  the  will  of  the 
people  into  law ;  and  each  member  is  elected  upon  the 
tacit,  if  not  the  express,  promise  that  he  will  vote  to 
enact  that  will  into  law ;  for  otherwise  some  one  else 
would  be  sent.  Thus  the  will  of  the  people  becomes 
the  law. 

Restrictions  upon  State  Legislation.  —  The  constitu- 
tion of  Virginia  puts  some  limitations  upon  the  power 
of  the  General  Assembly.  For  example,  it  is  not 
allowed  to  grant  divorces,  to  authorize  lotteries,  to 
abridge  the  freedom  of  speech,  the  freedom  of  the 
press,  the  religious  liberty  of  the  people,  nor  to  suspend 


APPORTIONMENT  OF  SENATORS   AND   DELEGATES       39 

the  writ  of  habeas  corpus,^  except  in  cases  of  invasion 
or  rebellion,  when  the  public  safety  may  require 
it.  It  cannot  pass  any  bill  of  attainder/^  any  ex  post 
facto  law,^  any  law  to  impair  the  obligation  of  con- 
tracts, or  any  law  to  take  private  property  for  public 
uses  without  just  compensation.  The  General  Assem- 
bly cannot  exercise  the  powers  which  have  been  ex- 
pressly delegated  to  the  national  government,  nor  those 
which  the  Constitution  of  the  United  States  forbids  a 
state  to  use.  Outside  of  these  restrictions,  it  can  pass 
laws  upon  any  subject  in  which  the  people  may  be  in- 
terested. No  law  can  embrace  more  than  one  object, 
and  this  must  be  expressed  in  its  title.  The  General 
Assembly  does  not  exercise  any  judicial  power,  except 
that  if  state  officers  commit  offenses  against  the  com- 
monwealth, they  are  impeached  by  the  House  of  Dele- 
gates and  are  prosecuted  before  the  Senate,  which  has 
sole  power  to  try  such  cases. 

Apportionment  of  Senators  and  Delegates.  —  Delegates 
are  apportioned  among  the  cities  and  counties  in  pro- 
portion to  the  number  of  inhabitants.  For  representa- 
tion in  the  Senate,  the  state  is  divided  into  districts, 
each  one  of  which  elects  one  senator,  except  the  district 
composed  of  Richmond  and   the   county   of    Henrico, 

1  The  words  habeas  corpus  mean  literally,  "  you  may  have  the  body." 
The  writ  of  habeas  corpus  is  an  order  issued  by  the  judge  of  a  court, 
directing  the  sheriff  or  other  officer  to  bring  the  body  of  a  prisoner  into 
court,  so  that  the  cause  of  his  detention  may  be  investigated. 

2  "  A  bill  of  attainder  is  a  legislative  act,  which  inflicts  punishment  without 
a  judicial  trial." 

3  This  is  a  law  which  renders  an  act  punishable  in  a  manner  in  which 
it  was  not  punishable  when  it  was  committed.  The  prohibition  in  the  con- 
stitution, against  ex  post  facto  laws,  applies  exclusively  to  criminal  cases. 


40  THE  STATE  — LEGISLATIVE  DEPARTMENT 

which  elects  two.  The  constitution  requires  the  House 
of  Delegates  to  have  not  less  than  ninety  nor  more 
than  one  hundred  members,  and  the  Senate  to  have  not 
less  than  thirty-three  nor  more  than  forty  members. 
Both  House  and  Senate  have  now  the  full  number 
allowed  by  the  constitution. 

Organization.  —  At  the  opening  of  a  session  of  the 
General  Assembly,  the  two  houses  meet  in  their  re- 
spective chambers  in  the  capitol.  Then  each  house, 
after  the  oath  of  office  has  been  administered  to  its 
members,  proceeds  to  elect  proper  officers,  to  determine 
the  rights  of  members  to  their  seats,  and  to  appoint 
standing  committees.  This  is  termed  organization,  and, 
after  this  has  been  effected,  the  General  Assembly  is 
ready  for  business.  Each  house  makes  its  own  rules  of 
procedure.     These,  however,  are  seldom  changed. 

Officers  of  the  Senate.  —  The  constitution  appoints 
the  lieutenant-governor  president  of  the  Senate ;  he  ac- 
cordingly presides  over  the  meetings,  though  he  is  not 
a  member  of  the  body,  and  is  not  entitled  to  a  vote  un- 
less there  is  a  tie,  when  he  casts  the  deciding  vote. 
The  subordinate  officers  elected  by  the  Senate  are,  a 
president  pro  tern.,  who  presides  in  the  absence  of  the 
lieutenant  governor,  a  clerk,  a  sergeant-at  arms,  a  door- 
keeper, and  four  pages. 

Officers  of  the  House. — When  the  House  of  Delegates  is 
organized,  one  of  its  members  is  elected  to  preside.  He 
is  called  the  speaker  of  the  House,  and,  like  any  other 
member,  is  entitled  to  a  vote  on  all  questions.  The 
subordinate  officers  elected  by  the  House  are  a  clerk, 
who  is  also  keeper  of  the  rolls,  a  s.ergeant-at-arms,  and 


STANDING  COMMITTEES  4 1 

a  doorkeeper  to  assist  him.  The  House  has  six  pages, 
who  are  appointed  by  the  speaker.  None  of  the  sub- 
ordinate officers  of  the  Senate  or  of  the  House  are 
members  of  the  General  Assembly. 

Duties  of  Clerks.  — The  clerks  of  the  Senate  and  the 
House  keep  journals  of  the  proceedings,  take  care  of  all 
records  and  important  papers  and,  in  general,  do  all  the 
clerical  work  of  their  respective  houses.  The  clerk  of 
the  Senate  is  authorized  to  appoint  two  assistant  clerks, 
and  five  committee  clerks;  and  the  clerk  of  the  House 
to  employ  one  assistant  clerk,  and  to  appoint,  subject 
to  the  approval  of  the  speaker,  six  committee  clerks. 
The  clerk  of  the  House  is  keeper  of  the  rolls  of  the 
General  Assembly. 

Duties  of  the  Sergeants-at-Arms.  —  It  is  the  duty  of 
the  sergeants-at-arms  to  preserve  order  in  the  halls 
where  the  meetings  are  held,  and  to  arrest  members  or 
other  persons  who  interrupt  business  by  disorderly 
conduct.  They  distribute  among  the  members  all 
papers  printed  for  their  use  ;  have  charge  of  all  mail 
and  telegraph  matter  belonging  to  them ;  and  in  gen- 
eral render  them  such  services  as  will  contribute  to 
their  comfort  or  facilitate  the  transaction  of  business. 

Standing  Committees. — The  Senate  has  to  consider 
so  many  subjects  that  if  the  whole  body  investigated  the 
merits  of  each,  there  would  not  be  time  for  it  to  com- 
plete its  labors;  and  the  same  is  true  of  the  House. 
So,  in  order  to  expedite  business,  the  members  of  both 
houses  are  divided  into  committees ;  ^  and  each  committee 

1  The  Senate  elects  its  committees  and  they  have  charge  of  the  follow- 
ing subjects  :     i.  Privileges  and  Elections  ;  2.  Courts  of  Justice  ;  3.  Gen- 


42  THE  STATE  — LEGISLATIVE  DEPARTMENT 

is  put  in  charge  of  some  particular  subject  or  subjects. 
When  a  measure  is  introduced  into  either  house,  it  is 
usually  referred  to  the  committee  whose  duty  it  is  to 
consider  questions  of  that  particular  kind.  This  com- 
mittee examines  Ihe  proposed  measure  in  all  its  bear- 
ings, and  makes  a  report  in  regard  to  it.  This  greatly 
expedites  business,  as  each  house,  in  legislating  upon 
any  subject,  is  influenced  largely  by  the  advice  of  the 
committee.  There  are  so  many  of  these  committees 
that  each  member  is  apt  to  be  on  several. 

The  Making  of  a  Law.  —  A  bill,  which  is  a  proposed 
law,  can  originate  in  either  of  the  two  houses,  but  be- 
fore becoming  a  law,  it  usually  passes  through  the  fol- 

eral  Laws;  4.  Roads  and  Internal  Navigation;  5.  Finance  and  Banks; 
6.  Public  Institutions  and  Education  ;  7.  County,  City,  and  Town  Or- 
ganizations ;  8.  Agriculture,  Mining,  and  Manufacturing  ;  9.  Fish  and 
Game;  10.  Enrolled  Bills;  ii.  To  Examine  Office  of  Clerk  of  Senate; 
12.  Rules  ;  13.  Executive  Expenditures  ;  14.  Library  ;  15.  To  Examine 
Office  of  Auditor  of  Public  Accounts  ;  16,  To  Examine  Second  Auditor's 
Office  ;  17.  To  Examine  Office  of  Register  of  Land  Office  ;  18.  To  Examine 
Treasurer's  Office  ;  19.  To  Examine  Bonds  of  Public  Officers  ;  20.  Printing. 
The  House  committees*  are  appointed  by  the  Speaker,  who  in  doing 
this  wields  great  power,  as  he  appoints  those  whose  approval  generally  in- 
sures the  passage  of  a  bill,  and  whose  disapproval  usually  defeats  it.  As 
the  House  is  so  much  larger  than  the  Senate,  it  must  to  a  greater  extent 
than  the  Senate  follow  the  recommendations  of  its  committees.  The 
House  committees  are  as  follows  :  i.  Privileges  and  Election  ;  2.  Courts 
of  Justice  ;  3.  Schools  and  Colleges  ;  4.  Propositions  and  Grievances  ;  5. 
Roads  and  Internal  Navigation  ;  6.  Finance  ;  7.  Claims  ;  8.  Militia  and 
Police;  9.  Asylums  and  Prisons;  10.  Labor  and  the  Poor;  ii.  Public 
Property;  12.  Banks,  Currency,  and  Commerce  ;  13.  Agriculture  and  Min- 
ing ;  14.  Manufacturing  and  Mechanic  Arts  ;  15.  Counties,  Cities,  and 
Towns;  16.  Officers  and  Offices  at  the  Capitol;  17.  Executive  Expendi- 
tures ;  18.  Retrenchment  and  Economy  ;  19.  Federal  Relations  and  Reso- 
lutions ;  20.  Enrolled  Bills  ;  21.  Immigration  ;  22.  Chesapeake  and  its 
Tributaries  ;  23.  House  Expenses  ;  24.  Rules  ;  25.  Library  ;  26.  Printing. 


QUESTIONS  43 

lowing  steps  :  It  must  be  introduced  by  a  member  and  re- 
ferred to  a  committee,  or  else  introduced  by  a  committee. 
In  either  case,  it  must  be  read  three  times  in  the  house  in 
which  it  originates  on  three  separate  days,  unless  it  is 
passed  under  a  suspension  of  the  rules.  The  first  reading 
is  for  information,  but  on  the  second  reading  the  bill  is 
open  to  amendments.  After  the  second  reading  it  is  or- 
dered to  be  engrossed,  that  is,  written  out  by  the  clerk. 
Then  it  is  read  for  a  third  time  and  a  vote  is  taken.  If 
a  majority  vote  in  its  favor,  the  bill  passes  and  is  sent 
by  the  sergeant-at-arms  to  the  other  house  where  similar 
forms  of  action  are  taken.  If  the  bill  passes  both  houses, 
it  is  enrolled,  and  then  signed  by  the  presiding  officers 
and  sent  to  the  governor.  If  approved  by  him,  it  be- 
comes a  law.  But  if  vetoed  by  him,  it  does  not  become 
a  law,  unless  both  houses,  on  reconsidering  the  bill,  give 
it  a  two-thirds  vote,  when  it  becomes  a  law  in  spite  of 
the  governor's  veto.  If  the  governor  does  not  return 
the  bill  within  five  days  after  it  has  been  received, 
Sundays  excepted,  it  becomes  a  law  without  his  signa- 
ture. It  should  be  stated  that  appropriation  bills  must 
have  a  two-thirds,  vote,  and  that,  at  each  session  of  the 
General  Assembly,  a  large  number  of  laws  are  passed 
under  a  suspension  of  the  rules. 

QUESTIONS 

1.  Into  what  two  bodies  is  the  General  Assembly  divided? 

2.  How  are  senators  and  delegates  elected,  and  what  is  their  term 

of  office  ? 

3.  Give  the  qualifications  of  a  member  of  the  General  Assembly. 

4.  When  is  the  General  Assembly  required  to  meet,  and  how  long 

does  it  remain  in  session  ? 

5.  What  is  the  rule  with  regard  to  adjournment? 


44  THE   STATE  — LEGISLATIVE  DEPARTMENT 

6.  When  is  the  governor  required  to  call  an  extra  session  ? 

7.  Where  is  the  state  capitol,  and  what  is  said  of  it  ? 

8.  By  whom  was  Richmond  founded,  and  what  of  its  history  ? 

9.  Mention  some  of  the  privileges  of  a  member   of  the  General 

Assembly. 

10.  What  salary  does  each  member  receive  for  a  regular  session  ? 

For  an  extra  session? 

11.  What  constitutes  the  statute  law? 

12.  Mention  some  of  the  affairs  it  regulates. 

13.  What  other  provisions  and  laws  does  the  state  make  for  the 

welfare  of  its  people  ? 

14.  What  idea  is  conveyed  by  the  term  House  of  Delegates? 

15.  What  restrictions  are  put  upon  the  General  Assembly  by  the 

state  constitution  ? 

16.  What  by  the  United  States  Constitution? 

17.  In  what  case  can  the  Assembly  exercise  judicial  power? 

18.  How  is  the  number  of  senators  and  delegates  decided? 

19.  How  many  members  is  each  house  required  to  have? 

20.  Outline  the  proceedings  for  organizing  each  house. 

21.  How  is  the  lieutenant  governor  elected,  and  what  connection 

has  he  with  the  Senate? 

22.  What  other  officers  are  elected  by  the  Senate  ? 

23.  Who  is  the  first  officer  elected  by  the  House  of  Delegates,  and 

what  authority  has  he? 

24.  What  other  officers  does  the  House  elect?     Do  they  become 

members  ? 

25.  What  are  the  duties  of  the  clerks  of  the  two  houses? 

26.  Give  the  duties  of  the  sergeants-at-arms. 

27.  Why  is  it  necessary  to  have  standing  committees,  and  how  do 

they  shorten -and  simphfy  the  work  of  the  General  Assembly? 

28.  Mention  some  of  the  Senate  committees. 

29.  Some  of  the  House  committees. 

30.  State  the  process  by  which  a  bill  becomes  a  law. 

31.  What  connection  has  the  governor  with  it? 

32.  How  are  many  bills  passed  in  the  General  Assembly? 


CHAPTER    V 

THE   STATE  — EXECUTIVE   DEPARTMENT 

Preparatory  Work.  —  Who  is  the  present  governor  of  the  state? 
Why  is  a  governor  needed,  and  how  does  he  differ  from  a  king? 
Who  is  the  lieutenant  governor?  Who  is  the  attorney  general ? 
What  use  does  the  state, have  for  militia? 

Executive  Officers.  —  The  executive  power  of  Vir- 
ginia is,  by  the  constitution,  vested  mainly  in  a  governor, 
lieutenant  governor,  secretary  of  the  commonwealth, 
treasurer,  and  auditor.  The  governor  and  lieutenant 
governor  are  elected  by  the  people,  when  they  choose 
members  of  the  General  Assembly.  They  begin  their 
duties  on  the  first  day  of  January  after  their  election, 
and  serve  for  a  term  of  four  years.  The  secretary  of  the 
commonwealth,  the  treasurer,  and  the  auditor  are  elected 
by  the  joint  vote  of  the  two  houses  of  the  General 
Assembly.  They  begin  their  duties  on  the  second  day 
of  January  after  their  election,  and  continue  in  office  for 
two  years.  In  addition  to  the  above  officers,  the  Gen- 
eral Assembly  has  established  various  boards,  and 
created  a  number  of  other  officers  to  facilitate  the  carry- 
ing on  of  the  executive  department  of  the  state. 

The  Governor.  —  The  governor  has  many  powers  to 
exercise  and  duties  to  discharge ;  but  the  most  impor- 
tant can  be  classified  under  the  following  heads :  — 

I.    He  gives  to  the  General  Assembly  by  message  at 

45 


46  THE   STATE  — EXECUTIVE  DEPARTMENT 

every  session  information  in  regard  to  the  condition  of 
the  commonwealth,  and  recommends  for  its  considera- 
tion such  measures  as  he  deems  expedient  for  the  pub- 
lic good.  The  information  furnished  to  him  by  the 
heads  of  the  various  departments  of  the  state  in  regard 
to  agriculture,  fisheries,  railroads,  asylums,  educational 
institutions,  the  poor,  the  penitentiary,  the  military,  etc., 
enables  him  to  look  after  the  interests  of  the  state  with 
a  thousand  eyes,  and  from  these  sources  his  message 
ought  to  be  made  up.  It  is  his  duty  to  call  the 
General  Assembly  together  in  extra  session,  when  any 
important  matter  arises,  which  in  his  opinion  demands 
immediate  attention,  or  when  two  thirds  of  the  mem- 
bers of  both  houses  make  application  to  him  to  call  a 
meeting. 

2.  He  is  commander  in  chief  of  the  land  and  naval 
forces  of  the  state,  and  can  call  out  the  militia  to  repel 
invasion,  to  suppress  insurrection,  and  to  enforce  the 
execution  of  the  laws. 

3.  He  has  the  power  to  grant  reprieves  and  pardons, 
except  in  cases  of  impeachment,  and  to  commute  sen- 
tences of  capital  punishment.  In  thus  exercising  the 
clemency  of  the  state,  he  must  act  under  a  sense  of  his 
responsibility  to  public  opinion  and  to  the  laws ;  and 
he  is  required  to  render  to  the  General  Assembly  a 
statement  of  his  action  in  regard  to  each  case.  He 
cannot  pardon  before  conviction,  nor  can  he  remit 
fines,  with  one  or  two  exceptions. 

4.  He  is  charged  with  seeing  that  the  laws  are  faith- 
fully executed.  No  bill  can  become  a  law  without  his 
signature,  unless  it  is  passed  over  his  veto,  or  is  made  a 


SECRETARY  OF  THE  COMMONWEALTH  47 

law  because  he  does  not  return  it,  within  the  time 
allowed,  to  the  house  in  which  it  originated. 

5.  He  may  require  information  in  writing  from  the 
officers  in  the  executive  department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices.  He 
also  has  the  power  to  appoint  officers  for  many  of  the 
executive  departments  established  by  the  General  As- 
sembly and  boards  for  the  educational  and  charitable 
institutions  of  the  state. 

No  one  is  eligible  to  the  office  of  governor  unless  he 
is  a  citizen  of  the  United  States.  Before  a  person  of 
foreign  birth  can  be  eligible,  he  must  have  been  a 
citizen  of  the  United  States  for  ten  years  immediately 
preceding  the  election.  In  addition  to  these  acquire- 
ments, a  candidate,  to  be  eligible,  must  be  thirty  years 
old  and,  for  three  years  immediately  preceding  his  elec- 
tion, must  have  been  a  resident  of  Virginia.  The 
governor  receives  a  salary  of  five  thousand  dollars  per 
annum.  He  is  authorized  to  employ  a  secretary  at  a 
salary  not  exceeding  twelve  hundred  dollars  per  year. 

The  Lieutenant  Governor.  —  This  officer  is  elected  at 
the  same  time  and  for  the  same  term  as  the  governor ; 
and  he  must  have  like  qualifications.  He  is  president 
of  the  Senate,  and  if  the  governorship  becomes  vacant 
for  any  reason,  he  fills  the  office  for  the  remainder  of 
the  term. 

Secretary  of  the  Commonwealth.  —  The  secretary  is 
the  keeper  of  the  seals  of  the  commonwealth,  and  he 
is  charged  with  the  clerical  duties  of  the  Executive  De- 
partment. He  attests  the  official  acts  of  the  governor, 
records  them,  and  lays  them,  with  all  other  papers   in 


48  THE  STATE  — EXECUTIVE  DEPARTMENT 

his  office,  before  either  house  of  the  General  Assembly 
whenever  he  is  required  to  do  so.  In  general,  it  is  his 
duty  to  preserve  all  papers  connected  with  the  Execu- 
tive Department,  and  to  render  to  the  governor  such 
services  as  he  needs  in  transacting  executive  business. 
He  records  in  his  office  the  charters  of  all  companies 
incorporated  by  the  courts  of  the  state.  The  law  re- 
quires this  to  be  done  before  such  companies  can  exer- 
cise the  rights  that  have  been  granted  to  them.  The 
secretary  is  also  general  librarian,  and  distributes  copies 
of  the  code  of  Virginia  and  of  the  Acts  of  the  General 
Assembly  to  the  officers  entitled  to  them.  He  has  like- 
wise important  duties  to  discharge  in  connection  with 
elections,  which  will  be  mentioned  in  the  chapter  on 
elections.  He  gives  an  official  bond  for  ten  thousand 
dollars  and  receives  a  salary  of  two  thousand  dollars 
per  annum.  He  is  authorized  to  employ  clerks  to  assist 
him  in  his  work.  In  addition  to  the  oath  of  office,  he 
takes  an  oath  to  keep  secret  the  affairs  of  state. 

The  Auditor  of  Public  Accounts.  — The  auditor  is  the 
state  accountant,  and  he  has  a  wide  circle  of  important 
duties.  County  and  city  treasurers,  clerks  of  courts,  and 
other  officers  account  to  him  for  taxes  collected  by  them, 
making  payment  thereof  into  the  treasury  through  his 
office.  He  also  collects  a  large  part  of  the  state's 
revenues,  including  taxes  on  railroad  companies,  insur- 
ance companies,  banks,  telegraph  and  express  com- 
panies. He  audits  all  claims  against  the  state,  except 
claims  for  interest  upon  the  state's  obligations,  and 
issues  warrants  upon  the  treasurer  for  those  which  he 
allows.     The    auditor   makes   an  annual  report  to  the 


THE   SECOND   AUDITOR  49 

superintendent  of  public  instruction  of  the  amount  that 
can  be  applied  for  school  purposes.  He  also  reports  to 
the  governor  quarterly,  makes  special  reports  when 
asked  to  do  so,  and  an  annual  report  containing  de- 
tailed information  in  regard  to  the  financial  affairs  of 
the  commonwealth,  with  an  estimate  of  the  revenue 
and  expenditures  for  the  succeeding  year.  The  audi- 
tor receives  a  salary  of  two  thousand  seven  hundred 
and  fifty  dollars  per  annum,  and  gives  bond  for  the  sum 
of  thirty  thousand  dollars.  He  is  authorized  to  employ 
a  number  of  clerks  to  aid  him  in  his  work. 

The  Second  Auditor. — There  is  also  a  second  auditor, 
who  is  elected  by  the  joint  vote  of  the  General  Assem- 
bly at  the  same  time  and  for  the  same  term  as  the 
auditor  of  public  accounts.  He  keeps  account  of  all 
funds  paid  into  the  treasury  that  go  to  the  credit  of  the 
Board  of  Education,  the  Board  of  Public  Works,  or  any 
corporation  composed  of  officers  of  the  government,  the 
property  of  which  belongs  to  the  state.  When  claims 
are  brought  against  any  of  the  above  corporations,  he 
issues  warrants  on  the  treasurer  for  the  payment  of  such 
of  them  as  are  allowed.  He  is  the  accountant  of  all 
money  paid  into  the  treasury  belonging  to  the  sink- 
ing fund,  and  issues  warrants  for  its  disbursement.  He 
keeps  all  accounts  connected  with  the  state  debt,  and 
issues  warrants  on  the  treasurer  for  the  payment  of  in- 
terest on  it.  He  keeps  account  of  the  interest  due  to  in- 
stitutions of  learning,  holding  state  securities,  and  draws 
upon  the  treasurer  for  its  payment  to  the  proper  authori- 
ties. He  receives  also  reports  of  the  boards  of  trustees 
and  visitors  of  state  institutions  of  learning,  including 

CIV.  gov't  of  VA.  —  4 


50  THE  STATE  — EXECUTIVE  DEPARTMENT 

the  report  of  the  Miller  Manual  Labor  School.     The 
second  auditor  is  aided  in  his  work  by  clerks. 

The  State  Treasurer.  —  The  treasurer  does  not  receive 
the  state's  money  directly,  but  it  is  paid  into  some 
designated  bank  for  the  state  by  officers  authorized 
to  collect  it.  The  treasurer  pays  it  out,  however,  but 
only  upon  warrants  issued  by  either  the  auditor  or 
second  auditor.  From  the  foregoing,  it  is  seen  that 
neither  the  auditor  of  public  accounts,  nor  the  second; 
auditor,  nor  the  state  treasurer,  can,  by  his  single  act, 
get  possession  of  money  that  has  been  paid  into  the 
state  treasury.  This  arrangement  is  one  of  the  checks 
of  the  government  upon  those  who  have  charge  of 
and  keep  account  of  the  state's  money.  The  treasurer 
makes  a  quarterly  report  to  the  governor,  special 
reports  when  requested  to  make  them,  and  in  addition 
an  annual  report  showing  the  condition  of  the  treasury. 
He  receives  a  salary  of  fifteen  hundred  dollars  and  is 
assisted  by  several  clerks. 

The  Attorney  General.  —  At  the  same  time  that  a 
governor  is  elected,  the  people  elect  aa  attorney  general, 
who  is  the  legal  advisor  of  the  governor,  of  the  Board 
of  Public  Works,  and  of  the  officers  that  are  at  the  seat 
of  government.  He  is  counsel  for  the  state  in  all  cases 
that  come  before  the  Supreme  Court  of  Appeals,  the 
Supreme  Court  of  the  United  States,  the  District  and 
Circuit  Courts  of  the  United  States  for  the  state  of  Vir- 
ginia, and  the  Circuit  Court  of  Richmond.  He  receives  a 
salary  of  twenty-five  hundred  dollars  per  annum  and  ten 
cents  for  every  mile  of  necessary  travel  on  business  for 
the  state. 


or  rnit 


THE  BOARD   OF   PUBLIC   WORKS 

The  Commissioner  of  Agriculture.  — The  commissioner 
of  agriculture  is  appointed  by  the  governor  with  the 
advice  and  consent  of  the  Senate,  and  he  serves  for  a 
term  of  two  years.  He  has  charge  of  the  Department 
of  Agriculture.  His  special  work  is  to  encourage  the 
development  of  agriculture  and  the  raising  of  cattle  and 
sheep ;  to  investigate  the  causes  of  the  diseases  of  grain, 
fruit,  and  other  crops,  and  to  suggest  remedies ;  to  col- 
lect information  in  regard  to  the  mining  and  manufactur- 
ing interests  of  the  state,  with  a  view  to  fostering  them ; 
and  to  give  the  people  the  results  of  his  investigations 
in  regard  to  all  these  matters.  He  also  has  supervision 
of  the  fertilizers  that  are  offered  for  sale  in  the  state. 
He  has  the  different  kinds  analyzed,  and  forbids  the 
sale  of  any  that  are  found  to  be  of  no  practical  value. 
He  is  authorized  to  employ  a  clerk,  a  chemist,  and  a 
geologist  to  aid  him  in  carrying  on  his  work.  The  com- 
missioner receives  a  salary  of  twelve  hundred  dollars, 
and  makes  an  annual  report  to  the  governor. 

The  Board  of  Public  Works.  —  The  constitution  pro- 
vides for  a  Board  of  Public  Works  to  consist  of  the 
governor,  the  auditor  of  public  accounts,  and  the  state 
treasurer,  which  is  required  to  act  under  regulations  pre- 
scribed by  the  General  Assembly.  This  board  takes 
care  of  the  fund  for  internal  improvements,  and  disburses 
it  from  time  to  time  as  the  General  Assembly  directs. 
It  also  exercises  a  general  supervision  over  companies 
chartered  to  carry  on  works  of  internal  improvement ; 
keeps  a  register  of  all  state  property ;  prescribes  tolls 
for  any  canal  navigation  or  bridge  company  whose 
charter  does  not  fix  them  ;  assesses  the  value  of  all  rail- 


52  THE   STATE  — EXECUTIVE   DEPARTMENT 

road  and  canal  property  in  the  state  for  taxation,  and 
makes  agreements  with  the  state  depositories  in  regard 
to  the  rate  of  interest  to  be  allowed  the  state  for  money 
kept  on  deposit. 

The  Militia.  —  All  able-bodied  men  between  the  ages 
of  eighteen  and  forty-five  years,  except  such  as  are 
exempt  by  the  law,  are  subject  to  military  service,  and 
constitute  the  reserve  militia,  but  are  not  required  to 
muster  in  time  of  peace.  The  active  militia  is  formed 
of  the  Virginia  volunteers.  These  consist  in  time  of 
peace  of  not  more  than  sixty  companies  of  infantry, 
eight  battalions  of  artillery  and  ten  troops  of  cavalry. 
The  volunteers  are  first  ordered  to  take  the  field  when 
any  emergency  arises.  The  governor  as  commander  in 
chief  of  the  militia  commissions  the  officers.  The  adju- 
tant general  is  chief  of  the  governor's  staff,  and  is  his 
military  executive  officer. 

Other  Executive  Departments  and  Officers.  —  The  ex- 
ecutive officers  of  the  state  are  assisted  in  carrying  on 
the  government  by  various  administrative  officers,  com- 
missioners, and  boards,  which  the  General  Assembly  has 
from  time  to  time  created.  The  following  list  includes 
the  most  important  of  these  :  — 

(i)  Superintendent  of  Public  Printing.  —  Elected 
by  the  General  Assembly.  Term  of  office,  two 
years. 

(2)  Superintendent  of  the  Penitentiary.  —  Elected  by 
the  General  Assembly.     Term  of  office,  two  years. 

(3)  State  Assayer  aiid  Chemist.  —  Appointed  by  the 
governor.     Term  of  office,  not  limited. 

(4)  Commissioners  of  the  Sinking  Fund.  —  These  are 


OTHER    EXECUTIVE  DEPARTMENTS  53 

the  treasurer,  the  auditor  of  public  accounts,  and  the 
second  auditor. 

(5)  Railroad  Commissioner.  —  Elected  by  the  General 
Assembly.     Term  of  office,  two  years. 

(6)  Tobacco  Samplers.  —  Two  for  each  public  ware- 
house. Appointed  by  the  governor  with  the  concur- 
rence of  the  Senate.     Term  of  office,  two  years. 

(7)  Inspectors  of  Oysters.  —  Appointed  by  the  county 
courts  in  the  counties  where  oysters  are  caught  or 
planted,  as  many  for  each  county  as  the  court  deems 
necessary. 

(8)  Inspectors  of  Cattle.  — Eight  of  these  are  ap- 
pointed by  the  governor,  one  to  live  during  his  term 
of  office  at  the  town  of  Goodson,  one  at  Patrick  C.  H., 
one  at  Danville,  one  at  Norfolk  or  Portsmouth,  one  at 
Boykin  Depot,  one  at  Hicksford,  one  at  Covington,  and 
one  at  Cumberland  Gap.     Term  of  office,  two  years. 

(9)  Inspectors  of  Variojis  Articles.  -:-The  governor 
has  authority  to  appoint  annually  in  counties,  cities,  and 
towns  where  such  officers  are  needed,  inspectors  of 
flour,  corn,  meal,  bread,  salt,  fish,  pork,  beef,  pitch,  tur- 
pentine, lumber,  hemp,  butter,  and  lard. 

(10)  Weighmaster  of  Live  Stock  at  Richmond.  — Ap- 
pointed annually  by  the  governor. 

(11)  State  Board  of  Health.  —  Seven  members.  Ap- 
pointed by  the  governor.     Term  of  office,  four  years. 

(12)  Board  of  Pharmacy.  —  Five  members.  Ap- 
pointed by  the  governor.  Examines  persons  who  wish 
to  retail,  compound,  or  dispense  medicines  or  poisons, 
and  issues  certificates  to  such  as  are  found  to  be  com- 
petent.    Term  of  office,  five  years. 


54  THE  STATE— EXECUTIVE  DEPARTMENT 

(13)  Board  of  Dental  Examiners.  —  Six  members. 
Appointed  by  the  governor.  Examines  persons  who 
wish  to  practice  dentistry,  and  issues  certificates  to 
such  as  are  found  to  be  competent.  Each  member 
serves  three  years,  but  all  do  not  go  out  of  office  at  the 
same  time. 

(14)  Board  of  Medical  Examiners.  —  Composed  of 
three  members  from  each  congressional  district,  two 
from  the  state  at  large,  and  five  homeopathic  physicians 
from  the  state  at  large.  Term  of  office,  four  years. 
Examines  persons  who  wish  to  practice  medicine  and 
surgery,  and  issues  certificates  to  such  as  are  found  to 
be  competent. 

(15)  State  Board  of  Agriculture, — Ten  members, 
one  from  each  congressional  district.  Appointed  by 
the  governor.  Term  of  office,  four  years.  This  board 
has  control  of  the  Department  of  Agriculture. 

(16)  The  Board  on  the  Chesapeake  and  its  Tributa- 
ries. —  Composed  of  the  governor,  auditor  of  public 
accounts,  and  treasurer. 

(17)  Commissioner  of  Fisheries. — Appointed  by  the 
governor.     Term  of  office,  two  years. 

(18)  Prisofi  Association.  ^- IncorporaX^d  by  the  Gen- 
eral Assembly  for  the  purpose  of  improving  the  govern- 
ment, discipline,  and  general  management  of  prisons 
within  the  state ;  to  better  the  condition  of  prisoners ; 
and  to  encourage  and  aid  discharged  convicts  who 
show  a  desire  to  reform. 


QUESTIONS  55 


QUESTIONS 

1.  What  officers  form  the  main  executive  power  of  the  state? 

2.  By  whom  are  the  governor  and  lieutenant  governor  elected, 

and  what  is  their  term  of  office  ? 

3.  How  are  the  other  state  officers  elected,  when  do  they  begin 

their  duties,  and  what  is  their  term  of  office  ? 

4.  Mention  some  of  the  powers  exercised  by  the  governor,  and 

some  of  the  duties  which  he  discharges. 

5.  What  qualifications  must  a  man  have  in  order  to  be  a  candidate 

for  governor? 

6.  What  are  the  qualifications  and  duties  of  the  lieutenant  gov- 

ernor? 

7.  What  are  the  chief  duties  of  the  secretary  of  the  common- 

wealth ? 

8.  The  auditor  of  pubhc  accounts? 

9.  The  second  auditor? 
ID.   The  state  treasurer? 

1 1 .  The  commissioner  of  agriculture  ? 

12.  What  is  the  Board  of  Public  Works,  and  what  are  its  duties? 

13.  What  men  are  subject  to  military  service? 

14.  Of  what  does  the  active  militia  consist? 

15.  Who  are  first  ordered  out  in  time  of  war,  and  who  is  the  com- 

mander? 

16.  Mention  some  of  the  other  executive  officers. 

17.  How  are  they  elected,  and  what  is  their  term  of  office? 


CHAPTER  VI 

THE  STATE  — JUDICIAL   DEPARTMENT 

Preparatory  Work.  —  Have  you  ever  seen  a  court  in  session? 
Who  acted  as  judge?  What  courts  meet  in  your  town,  city,  or 
county?  Give  the  name  of  a  judge  who  presides  over  one  of 
these  courts?    What  cases  are  tried  by  a  justice  of  the  peace? 

A  Judicial  Power  Necessary.  —  In  the  various  deal- 
ings which  men  have  with  one  another  differences  are 
continually  arising,  and  wrong  deeds  are  frequently 
done.  For  this  reason,  any  complete  form  of  govern- 
ment must  have  some  power  to  decide  disputes,  to 
award  justice,  and  to  punish  crime.  These  objects  are 
effected  by  what  is  called  the  judicial  power,  which,  if 
properly  exercised,  insures  to  the  citizen  protection  and 
security  in  the  enjoyment  of  his  rights. 

The  Courts. — The  judicial  power  is  vested  in  the 
courts,  which  may  be  defined  as  organized  bodies  to 
which  are  committed  the  interpretation  of  the  laws  and 
the  administration  of  justice,  as  applied  to  each  particu- 
lar case  coming  before  them.  A  court  may  consist  of 
one  judge,  of  a  judge  and  a  jury,  or  of  several  judges; 
but,  in  transacting  its  business,  it  is  assisted  by  attor- 
neys, clerks,  sheriffs,  and  constables.  The  courts  of 
Virginia  are  divided  into  four  grades,  the  justice's 
court,  the  county  court  for  counties  and  the  corpora- 
tion or  hustings  court  for  cities,  the  circuit  court,  and 
the  supreme  court  of  appeals. 

56 


JURISDICTION  57 

A  Case  at  Law.  —  Any  case  that  comes  before  a  court 
for  hearing  and  decision  is  called  an  action  at  law  or  a 
suit  in  chancery.  Cases  are  called  either  civil  or  crim- 
inal, according  to  their  nature,  civil  cases  being  those 
that  take  place  between  private  persons  on  account  of 
debt,  the  violation  of  a  contract,  or  because  of  some 
injury  to  person  or  property,  while  criminal  cases  are 
those  in  which  the  state  seeks  to  punish  persons  who 
commit  crimes.  Civil  cases  are  of  many  kinds,  but 
crimes  are  either  misdemeanors,  that  is,  offenses  pun- 
ishable by  fine,  by  imprisonment  in  jail,  or  by  both,  or 
they  are  felonies,  that  is,  offenses  punishable  by  im- 
prisonment in  the  state  penitentiary  or  by  death.  In 
civil  cases,  the  party  who  brings  the  suit  is  called  the 
plaintiff,  and  the  party  against  whom  the  suit  is  brought 
is  called  the  defendant.  In  criminal  cases,  the  state  is 
the  plaintiff,  the  act  being  an  offense  against  the  state, 
and  the  accused  is  called  the  defendant  or  the  prisoner. 

Jurisdiction.  —  Each  court  has  power  to  pronounce 
the  law  in  certain  specified  classes  of  cases,  and  in  cer- 
tain territorial  limits,  and  these  constitute  what  is  known 
as  its  jurisdiction  1  or  right  to  decide.  The  law  pre- 
scribes the  limits  within  which  each  court  may  act.  A 
brief  explanation  will  make  this  plain. 

1  A  court  has  original  jurisdiction  when  a  case  may  be  commenced  in 
it,  and  appellate  jurisdiction  when  it  has  a  right  to  hear  a  case  on  appeal 
from  a  lower  court.  Two  courts  have  concurrent  jurisdiction  in  cases  where 
either  court  may  try  them.  In  suits  between  citizens  of  different  states,  in 
such  as  involve  points  of  United  States  law,  and  in  those  to  which  foreign 
ambassadors  are  parties,  the  cause  can  be  brought  in  the  United  States 
courts  or  the  defendant  can  elect  to  remove  it  to  one  of  these  courts.  Ex- 
cept in  cases  like  these,  the  Virginia  courts  form  a  complete  system 
adequate  for  the  trial  of  all  causes. 


58  THE  STATE  — JUDICIAL  DEPARTMENT 

1.  Jurisdiction  depends  upon  the  nature  of  the  ques- 
tion to  be  decided.  For  example,  one  court  has  the 
right  to  try  cases  of  misdemeanor,  a  second  to  try  cases 
of  felony,  and  a  third  to  try  civil  cases  involving  five 
hundred  dollars  or  more. 

2.  Jurisdiction  depends  also  upon  locality.  Except 
in  the  case  of  the  court  of  appeals,  the  jurisdiction  of 
each  court  is  confined,  with  few  exceptions,  to  the  limits 
of  the  county  or  city  for  which  the  court  is  appointed, 
for  it  is  a  maxim  of  EngUsh  law  that  justice  must  be 
brought  to  every  man's  door.  Even  the  judge  of  a 
circuit  embracing  several  counties,  cannot  ordinarily- 
hear  a  cause  in  any  county  of  his  circuit  except  the 
one  in  which  it  arises. 

3.  Jurisdiction  depends  likewise  upon  the  process. 
Process  here  means  notice.  A  principle  which  gov- 
erns all  criminal  and  civil  procedure  is  that  no  one 
can  be  deprived  of  his  life,  liberty,  or  property  without 
due  process^  of  law.  Accordingly,  no  court  has  the  right 
to  decide  any  matter  unless  the  parties  interested  have 
had  an  opportunity  to  be  heard.  The  jurisdiction  of 
each  court  will  now  be  defined. 

The  Justice's  Court.  —  The  office  of  justice  of  the 
peace  is  of  great  antiquity,  having  originated  in  Eng- 
land in  the  reign  of  Edward  III.  In  addition  to  being 
a  conservator  of  the  peace,  the  justice  holds  the  court 
of  lowest  grade  in  the  state.  He  has  power  to  try  all 
persons   who   are   charged   with    committing    offenses 

1  "  Due  process  "•  is  a  method  of  procedure  "  which,  following  the 
forms  of  law,  is  appropriate  to  the  case,  and  just  to  the  parties  to  be 
affected," 


THE  COUNTY   COURT  59 

classed  as  misdemeanors,  and  also  to  try  civil  cases  ^  in- 
volving as  large  an  amount  as  one  hundred  dollars, 
exclusive  of  interest.  But,  in  civil  cases  it  is  provided 
by  law  that  when  the  amount  or  thing  in  controversy 
exceeds  twenty  dollars,  the  defendant  can  at  any  time 
before  the  trial  have  the  case  removed  to  the  county 
court.  This  provision  is  made  because  there  is  no  jury 
in  the  justice's  court,  and  the  Constitution  of  the  United 
States  guarantees  the  right  of  trial  by  jury  when  the 
amount  in  controversy  is  greater  than  twenty  dollars. 

It  is  the  duty  of  a  justice  to  issue  a  warrant  for  the 
arrest  of  any  one  who  has  committed  felony,  and,  after 
holding  a  preliminary  examination,  to  have  the  accused 
person  put  into  prison  till  he  can  be  indicted  by  the 
grand  jury  and  brought  to  trial  in  the  county  or  corpo- 
ration court.  If  a  person  is  charged  with  felony,  and 
the  justice  finds  on  examination  that  there  is  but  a  light 
suspicion  of  guilt,  he  can  release  the  accused  on  bail  till 
he  can  be  brought  to  trial. 

The  County  Court.  —  The  county  court,  which  meets 
every  month,  has  power  to  try  all  persons  who  are 
charged  with  offenses  sufficiently  grave  to  be  classed 
as  felony.  It  has  jurisdiction  also  over  the  probating  of 
wills  and  the  appointment  of  executors,  administrators, 


1  If,  however,  the  claim  is  to  a  fine,  the  justice  cannot  try  the  case  if  it 
involves  more  than  twenty  dollars.  It  is  further  provided  by  law  that,  if 
a  justice  has  given  judgment  in  a  case  which  involves  the  constitutionahty 
or  validity  of  an  ordinance  or  of  a  by-law  of  a  corporation,  or  where  the 
matter  in  controversy  is,  exclusive  of  interest,  of  greater  value  than  ten 
dollars,  the  defendant  can  within  ten  days  take  an  appeal  to  the  county 
court.  If  he  does  this,  however,  he  must  give  security  for  the  payment  of 
the  judgment,  if  it  should  be  confirmed,  and  of  all  costs  and  damages. 


6o  THE  STATE  — JUDICIAL   DEPARTMENT 

guardians,  etc.  It  decides  likewise  all  questions  that 
come  before  the  board  of  supervisors,  upon  which  there 
is  a  tie  vote,  and  it  hears  appeals  ^  from  decisions  of 
this  board.  Actions  against  persons  who  have  unlaw- 
fully held,  for  not  over  three  years,  possession  of  real 
estate  belonging  to  others,  can  be  brought  in  the  county 
court.  It  hears  appeals  in  civil  cases  involving  over  ten 
dollars  and  in  misdemeanor  cases  from  the  courts  of 
justices  and  from  those  of  mayors  of  towns.  These 
cases,  however,  cannot  be  commenced  in  the  county 
court. 

The  Circuit  Court.  —  Virginia  is  divided  into  seven- 
teen judicial  circuits,  for  each  one  of  which  the  General 
Assembly,  by  a  joint  vote,  elects  a  judge  who  holds  at 
least  twice  a  year,  in  each  county  and  corporation  em- 
braced in  his  circuit,  a  court  called  a  circuit  court.  The 
circuit  court  judges  are  elected  for  a  term  of  eight  years, 
and  their  salaries  vary  from  sixteen  hundred  to  twenty- 
three  hundred  dollars  per  annum.  The  circuit  court  is 
the  main  civil  and  chancery  court  ^  of  the  state.     All 

1  Appeals,  however,  taken  from  decisions  of  the  board  of  supervisors 
rendered  on  orders  from  the  county  court,  or  upon  decisions  that  involve 
the  constitutionality  of  a  law  or  validity  of  an  ordinance  or  by-law  of  a 
corporation,  are  heard  by  the  circuit  court  and  not  by  the  county  court. 
It  should  also  be  noted  that  no  appeal  can  be  taken  to  the  county  court 
from  a  decision  of  the  board  of  supervisors  unless  the  claim  is  to  an 
amount  larger  than  ten  dollars  ;  and  the  decision  of  the  county  court  is 
final  upon  any  claim  that  does  not  exceed  twenty  dollars. 

2  A  chancery  court  is  one  possessing  power  to  grant  the  kind  of  relief 
demanded  in  any  case  by  natural  justice  between  man  and  man.  It  can 
for  example  compel  a  man  to  perform  a  contract  instead  of  paying  dam- 
ages for  not  doing  as  he  promised.  So,  also,  it  can  restrain  a  man  from 
doing  an  unlawful  act,  grant  relief  against  fraud,  etc.  The  circuit  court  is 
a  court  of  both  law  and  equity  and  administers  both. 


THE  SUPREME  COURT  OF  APPEALS  6l 

civil  cases  involving  one  hundred  dollars  or  more  must 
be  commenced  in  this  court,  and  civil  cases  involving 
from  twenty  dollars  to  one  hundred  dollars  can  be 
begun  in  it  as  well  as  in  the  justice's  court.  The  circuit 
court  has  power  to  try  all  chancery  cases,  and  it  has 
jurisdiction  over  the  proving  of  wills,  the  appointment 
of  executors,  administrators,  guardians,  etc.,  equally  with 
the  county  court.  Actions,  involving  tit/e  to  real  estate 
or  right  of  possession  withheld  for  more  than  three 
years,  are  brought  in  the  circuit  court.  Appeals  ^  taken 
from  cases  that  originate  in  the  county  court  are  heard 
by  the  circuit  court. 

The  Supreme  Court  of  Appeals.  —  This  court  is  com- 
posed of  five  judges,  distinguished  for  ability  and  knowl- 
edge, who  are  elected  for  a  term  of  twelve  years  by  the 
joint  vote  of  the  two  houses  of  the  General  Assembly. 
The  judges  appoint  one  of  their  number  president  of 
the  court,  and  select  another  one  who  is  required  by 
law  to  reside  at  the  seat  of  government.  Any  three 
of  the  judges  may  hold  a  court.  The  president  receives 
a  salary  of  thirty-two  hundred  dollars  per  annum,  the 
judge  who  resides  at  the  seat  of  government  four  thou- 
sand dollars,  and  the  other  judges  each  three  thousand 
dollars.     The  great  business  of  this  court  ^  is  to  hear 

1  The  circuit  court  hears  also  appeals  taken  from  decisions  of  the  board 
of  supervisors,  which  are  based  upon  orders  given  by  the  county  court  or 
which  involve  the  constitutionality  of  a  law  or  validity  of  an  ordinance  or 
by-law  of  a  corporation. 

2  The  supreme  court  of  appeals  has  appellate  jurisdiction  only,  except 
in  cases  of  habeas  corpus,  mandamus,  and  prohibition.  It  does  not  have 
jurisdiction  in  civil  cases  where  the  matter  in  controversy,  exclusive  of 
costs,  is  less  in  value  or  amount  than  five  hundred  dollars,  except  in  con- 
troversies concerning  the  title  or  boundaries  of  land,  the  probate  of  a  will, 


62  THE  STATE  — JUDICIAL   DEPARTMENT 

appeals  from  the  lower  courts.  It  possesses  the  high- 
est judicial  power,  and  it  is  the  court  of  last  resort,  in 
the  state,  to  which  appeals  can  be  carried. 

City  Courts.  —  The  General  Assembly  has  created,  in 
addition  to  the  courts  that  form  the  regular  state  sys- 
tem, for  each  city  a  corporation  court,  which  exercises 
the  powers  belonging  to  a  county  and  a  circuit  court 
combined.  For  Richmond,  there  is  a  special  system  of 
courts,  which  embraces  a  circuit,  a  chancery,  a  hustings, 
and  a  law  and  equity  court. 

QUESTIONS 

1.  Why  is  it  necessary  that  government  should  have  a  judicial 

department  ? 

2.  What  are  courts,  and  of  what  do  they  consist? 

3.  Into  what  four  grades  are  the  courts  of  Virginia  divided? 

4.  What  is  the  term  applied  to  any  case  at  law? 

5.  What  is  the  difference  between  a  civil  case  and  a  criminal  case? 

6.  What  is  the  difference  between  a  misdemeanor  and  a  felony? 

7.  Who  is  the  plaintiff,  and  who  is  the  defendant  in  a  civil  case? 

8.  In  a  criminal  case? 

9.  What  is  meant  by  the  jurisdiction  of  a  court  ? 

10.  What  three  limitations  are  placed  upon  jurisdiction? 

1 1 .  What  is  the  difference  between  original  jurisdiction  and  appel- 

late jurisdiction?     When  do  courts  have  concurrent  juris- 
diction? 

12.  Where  did  the  office  of  justice  of  the  peace  originate? 

13.  What  criminal  cases  can  the  justice  try? 

the  appointment  or  qualification  of  a  personal  representative,  guardian, 
committee,  or  curator;  or  concerning  a  mill,  roadway,  ferry,  or  landing; 
or  the  right  of  a  corporation  or  of  a  county  to  levy  tolls  or  taxes :  and 
except  in  cases  of  habeas  corpus,  mandamus,  and  prohibition,  or  concern- 
ing the  constitutionality  of  a  law.  The  assent  of  a  majority  of  the  judges 
elected  to  the  court  is  required,  in  order  to  declare  any  law  null  and  void 
by  reason  of  its  repugnance  to  the  federal  Constitution  or  to  the  constitu- 
tion of  the  state. 


QUESTIONS  63 

14.  What  civil  cases  ? 

15.  What  is  the  duty  of  the  justice  in  regard  to   persons  who 

commit  felony? 

16.  How  often  does  the  county  court  meet,  and  what  criminal  cases 

can  it  try? 

17.  Over  what  other  cases  does  it  have  jurisdiction? 

18.  What  appeals  does  the  county  court  hear? 

19.  What  is  a  circuit  court? 

20.  What  is  a  chancery  court? 

21.  What  civil  cases  tnust  be  commenced  in  the  circuit  court,  and 

what  cases  7nay  be  there  commenced? 

22.  Over  what  cases  has  the  circuit  court  jurisdiction  equally  with 

the  county  court? 

23.  What  appeals  does  the  circuit  court  hear? 

24.  How  many  judges  compose  the  supreme  court  of  appeals,  for 

what  are  they  distinguished,  and  how  long  do  they  serve? 

25.  How  is  the  president  of  this  court  appointed,  and  what  are  the 

salaries  received? 

26.  What  is  the  chief  duty  of  the  supreme  court  of  appeals  ? 

27.  What  is  said  of  the  jurisdiction  of  the  supreme  court  of  appeals? 

28.  What  are  the  powers  of  the  corporation  courts? 

29.  What  courts  have  been  estabUshed  for  Richmond? 


CHAPTER   VII 

LEGAL  PROCEEDINGS 

Duty  of  a  Court.  —  A  court  when  called  on  to  exercise 
its  judicial  functions  has  a  twofold  duty  to  discharge,  — 
to  find  out  what  the  law  is  and  what  the  truth  is.  It 
falls  to  the  judge  (or  judges,  if  the  court  has  more  than 
one)  to  determine  what  the  law  is,  and  in  some  cases  to 
decide  also  what  the  evidence  proves  in  regard  to  the 
facts ;  but  in  many  cases  the  evidence  is  submitted  to 
a  number  of  men  called  jurors,  who  are  sworn  to  deliver 
the  truth  as  proved  by  the  evidence  bearing  upon  the 
case. 

Juries.  — The  word  jtiror  means  one  who  has  sworn. 
The  grand  jury  is  a  body  of  citizens,  sworn  to  present 
or  charge  persons  who  are  known,  or  who  can  be 
proved,  to  have  committed  crimes,  and  to  bring  them 
to  trial.  The  accusation  made  against  a  person  who 
commits  a  crime  is  called  an  indictment.  A  petit  jury 
in  a  criminal  case  is  a  body  of  citizens  sworn  to  try  the 
accusation  which  the  grand  jury  has  brought.  The 
grand  jury  has  nothing  to  do  with  civil  cases.  A  petit 
jury  in  a  civil  case  is  sworn  to  decide  the  issue  truly. 

How  Grand  Juries  are  obtained.  —  There  is  a  regu- 
lar grand  jury  every  year  at  two  terms  of  each  county, 
corporation,  and  hustings  court.  A  grand  jury  is  ob- 
tained in  the  following  manner :  The  judge  of  each  of 

64 


TRIAL  JURIES  65 

the  courts  named  above,  every  year,  in  the  month 
of  August,  makes  out  a  list  of  forty-eight  citizens, 
in  every  way  qualified  to  act  as  grand  jurors,  apportion- 
ing them  as  far  as  possible  among  the  magisterial  dis- 
tricts of  the  counties  and  wards  of  the  cities,  and  has 
them  summoned  to  serve  on  the  grand  jury.  No  one 
of  the  forty-eight  persons  is  required  to  serve  as  a  grand 
juror  more  than  once,  till  all  the  others  have  been  sum- 
moned once;  nor  must  he  serve  more  than  twice,  till  all 
the  others  have  been  summoned  twice.  Special  grand 
juries  can  be  ordered  by  the  judge  of  the  court  when  he 
deems  it  necessary.  A  regular  grand  jury  consists  of 
not  less  than  nine  nor  more  than  twelve  jurors;  and  a 
special  grand  jury  of  not  less  than  six  nor  more  than 
nine.  At  least  seven  jurors  of  a  regular  grand  jury  and 
five  of  a  special  grand  jury  must  concur  in  making  an 
indictment  or  presentment. 

Trial  Juries  for  Civil  and  Misdemeanor  Cases.  — Juries 
to  decide  disputed  facts  in  any  case  are  called  trial  or 
petit  juries.  For  the  trial  of  civil  and  misdemeanor 
cases,  such  juries  are  obtained  as  follows :  Every  year 
the  judge  of  each  county  and  corporation  court  at  the 
May  or  June  term  makes  out  a  list  of  persons  well 
qualified  to  serve  as  jurors,  numbering  from  one  hun- 
dred to  three  hundred,  according  to  the  population  of 
the  county  or  corporation.  These  names  are  put  in 
a  box,  each  written  on  a  separate  ballot.  Then  at 
least  ten  days  before  the  term  of  any  court  when  a  jury 
will  be  needed,  the  clerk  selects  by  lot  from  the  box  the 
names  of  twelve  persons,  and  has  them  summoned  to 
serve  as  jurors.  If  any  person  who  has  been  selected 
CIV.  gov't  of  va.  —  5 


66  LEGAL   PROCEEDINGS 

fails  to  attend  by  reason  of  sickness,  absence  from 
home,  or  other  cause,  or  if  he  cannot  serve  on  account 
of  objections  made  to  him,  another  juror  is  selected  by- 
lot  to  take  his  place.  No  person  who  has  served  as  a 
juror  is  called  on  to  serve  again  during  the  same  year 
till  all  the  persons  whose  names  are  in  the  box  have 
been  drawn  to  serve. 

In  a  civil  suit,  if  both  parties  are  willing,  the  jury  may 
consist  of  seven  instead  of  twelve,  and  trial  by  jury  may 
be  waived  altogether  with  the  consent  of  the  parties. 
Also  in  misdemeanor  cases,  the  accused  person  can 
waive  trial  by  jury.  If  a  jury  is  waived,  the  whole  mat- 
ter of  law  and  of  fact  is  heard  and  determined  by  the 
court,  which  then  renders  judgment. 

Trial  Juries  for  Felony  Cases.  —  In  a  felony  case,  a 
jury  is  obtained  in  the  following  manner:  The  judge 
of  the  county  or  corporation  court  where  the  trial  is  to 
take  place  makes  out  a  list  of  persons  residing  in  the 
county  or  corporation,  and  from  this  list  sixteen  persons, 
living  remote  from  the  place  where  the  crime  was  com- 
mitted, and  qualified  in  other  respects  to  serve  as  jurors, 
are  summoned  to  attend  court.  The  commonwealth  is 
not  allowed  to  challenge  a  juror  except  for  cause,  but  if 
objection  is  made  to  a  juror  and  it  is  sustained  by  the 
court,  another  juror  is  put  in  his  place.  After  sixteen 
persons,  free  from  objection,  have  been  obtained,  the 
accused  person  is  allowed  to  strike  off  four,  and  the 
remaining  twelve  constitute  the  jury  to  try  the  case.  If 
the  accused  strikes  off  less  than  four,  or  if  he  declines 
to  strike  off  any,  twelve  are  selected  by  lot. 


PROCEEDINGS   IN  CIVIL  CASES  6/ 

I.    Proceedings  in  Civil  Cases 

Ordinary  Civil  Cases*  —  Trials  between  individuals 
may  take  place  for  the  purpose  of  establishing  a  right 
depending  on  one  or  more  simple  facts.  For  example, 
the  object  may  be  to  determine  whether  a  debt  is  due, 
whether  damage  has  been  sustained,  or  whether  one 
man  unlawfully  holds  possession  of  houses,  lands,  or 
some  other  property  belonging  to  another.  Such  cases 
as  these  give  rise  to  ordinary  civil  suits,  or  to  what  are 
known  as  common  law^  actions. 

First  Proceedings  in  Ordinary  Civil  Cases.  —  The  case 
is  begun  by  the  plaintiff,  who  files  with  the  clerk  of  the 
circuit  court  a  memorandum  giving  the  names  of  the 
plaintiff  and  the  defendant  and  explaining  the  character 
of  the  suit.  Thereupon  the  clerk  has  the  defendant 
summoned  to  appear  at  a  certain  day,  known  as  a  "  rule 
day,"  to  make  answer  to  a  written  statement,  called  a 
declaration,  which  the  plaintiff  is  required  by  law  to  file 
to  explain  the  cause  of  his  suit.  The  plaintiff  must  file 
the  declaration  within  a  month  after  the  defendant  has 
been  summoned.  After  this  has  been  done,  the  defend- 
ant must  file  a  plea  either  at  rule  day  or  at  the  term  of 
the  court  following,  if  he  wishes  to  protect  his  interests.^ 

1  The  common  law  consists  of  rules  of  action  which  long  usage  and  cus- 
tom have  rendered  binding,  and  for  this  reason  it  is  said  to  be  "  founded 
in  reason  and  in  the  principles  of  justice."  It  is  frequently  called  the  un- 
written law,  while  the  statutes  passed  by  legislatures  are  called  the  written 
law.  The  common  law  of  Virginia,  and  indeed  of  all  the  states  except 
Louisiana,  is  based  upon  the  common  law  of  England,  which  the  first  set- 
tlers brought  with  them  to  America. 

2  Another  Method  of  Preliminary  Procedure.  — By  a  recent  statute, 
instead  of  following  the  method  above  indicated,  any  one  may  proceed  in 


68  LEGAL   PROCEEDINGS 

The  Trial.  —  The  declaration  and  the  plea  having 
been  filed,  the  trial  usually  takes  place  at  some  future 
day  of  the  court.  The  judge  presides  ;  and  unless  both 
parties  are  willing  to  submit  all  questions  to  the  court, 
a  jury  is  secured  to  try  the  case.  The  council  for  the 
plaintiff  tells  briefly  what  the  case  is  about,  and  what 
he  expects  to  prove.  The  counsel  for  the  defendant 
follows  with  a  statement  in  behalf  of  his  client.  After 
this  the  witnesses  are  examined  and  cross-examined; 
and  then  usually  the  jury  is  asked  to  retire  while  in- 
structions to  be  given  in  regard  to  the  case  are  being 
discussed.  The  attorneys  for  each  side  write  out  in- 
structions which  they  request  the  judge  to  give  to  the 
jury.  This  part  of  the  proceedings  being  completed, 
the  judge  gives  to  the  jury  instructions,  in  which  he 
states  the  law  bearing  upon  the  case.  The  case  is 
next  argued  to  the  jury  by  the  respective  counsels. 
The  arguments  that  are  usually  presented  show  the 
inconsistencies  of  the  opposite  side  of  the  case,  or 
dwell  upon  the  credibility  of  one  witness  as  against  an- 
other. The  jury  then  retires  to  consider  the  case  in 
secret.  If  the  jurymen  cannot  agree,  they  are  dis- 
charged and  the  case  may  be  tried  again.  But  if  they 
all  agree,  they  return  a  verdict  for  the  plaintiff  or  for 
the  defendant.  The  court  is  often  asked  to  set  aside 
the  verdict  and  grant  a  new  trial.  If  it  refuses,  the 
clerk  enters  the  judgment,  which  the  court  signs. 

many  cases  at  common  law  by  notifying  the  defendant  that  on  the  first  day 
of  the  next  term  of  court  he  will  move  for  judgment.  The  notice  is  served 
by  the  sheriff  just  as  the  summons  was.  It  takes  the  place  of  the  declara- 
tion, etc.,  and  enables  the  parties  to  avoid  the  rule  day,  or  proceedings  at 
rules,  as  it  is  called.     At  the  time  fixed  the  trial  takes  place  in  the  usual  way. 


PROCEEDINGS  IN  CRIMINAL  CASES  69 

Chancery  Proceedings.  —  In  chancery  cases,  the  pro- 
ceedings are  similar  to  those  at  common  law.  The 
summons  is  called  a  subpoena/  and  the  bill  in  chancery 
takes  the  place  of  the  declaration  at  common  law,  and 
the  answer  takes  the  place  of  the  plea.  The  testimony 
at  common  law  is  generally  oral,  and  is  taken  at  the 
trial,  but  in  chancery  it  is  taken  in  depositions,  which 
consist  of  written  questions  by  the  attorneys  and  writ- 
ten answers  by  the  witnesses.  Usually  there  is  no  jury, 
the  court  deciding  all  questions  both  of  law  and  of  fact, 
but  in  a  contest  in  regard  to  a  will  the  court  orders  a 
jury.  There  are  other  methods  of  court  procedure  in 
the  administration  of  justice  between  man  and  man 
which  cannot  be  described  in  a  work  like  this.  Courts 
are  called  on  for  many  objects  and  the  proceedings 
differ  in  different  classes  of  cases.  In  all  cases,  how- 
ever, the  court  must  give  each  party  an  opportunity  to 
be  heard  in  order  that  he  may  correct  false  statements 
made  by  others. 

2.    Proceedings  m  Criminal  Cases 

The  Prevention  of  Crimes.  —  It  is  the  duty  of  every 
justice  of  the  peace,  constable,  sheriff,  notary,  and 
indeed  of  every  citizen  who  knows  that  a  crime  is  about 
to  be  committed  to  give  notice  of  it,  and  to  have  the 
person  who  threatens  to  do  the  wrong  deed  arrested. 
A  person  taken  into  custody  upon  a  charge  of  this  kind 
is  required,  if  the  justice  thinks  proper,  to  give  bond 

1  In  chancery  practice  a  subpoena  is  a  mandatory  writ  directed  to  a  per- 
son and  requiring  him  to  appear  and  answer  the  matters  charged  against 
him. 


70  LEGAL  PROCEEDINGS 

and  security  for  his  good  behavior;  and  if  he  fails  to 
do  this,  he  is  sent  to  jail. 

The  Detection  of  Crimes.  —  But  notwithstanding  all 
precautions,  crimes  will  be  committed,  and  for  their 
detection  each  county  and  city  has  its  grand  jury,  the 
members  of  which  are  selected  from  different  parts 
of  the  county  or  city,  and  so  are  apt  to  hear  of 
serious  offenses.  When  a  grand  jury  is  summoned, 
the  judge  instructs  the  jurors  in  regard  to  offenses 
that  should  be  indicted.  There  are  many  statutes  re- 
quiring him  to  charge  them  as  to  particular  offenses. 

It  is  the  duty  of  every  justice  of  the  peace  to  cause 
the  arrest  and  imprisonment  of  criminals,  and  to  send 
the  witnesses  against  them  before  the  grand  jury  that 
they  may  be  charged  with  their  crimes.  It  is  also  the 
duty  of  every  citizen  who  knows  that  felony  has  been 
committed,  to  appear  before  the  grand  jury  and  make 
accusation  against  the  guilty  person.  Any  person  who 
aids  a  felon  in  escaping  from  the  law  thereby  renders 
himself  liable  to  punishment.  Thus  the  system  for 
the  discovery  of  crimes  is  very  complete ;  and  when  it 
fails,  if  the  crime  is  an  outrageous  one,  the  governor 
may  offer  a  reward  for  its  detection. 

Before  a  Justice.  —  After  a  man  has  been  arrested 
on  the  charge  of  committing  a  crime,  he  is  taken 
before  a  justice  of  the  peace.  If  the  offense  is  a  mis- 
demeanor, the  justice  tries  the  case,  and  discharges, 
fines,  or  imprisons  the  accused  as  the  law  prescribes. 
If  a  man  is  arrested  for  felony,  he  is  also  taken  before 
a  justice  of  the  peace,  and  if  he  is  shown  to  be  inno- 
cent,   the   justice   discharges   him.     But   if   he   is   not 


THE  TRIAL  /I 

shown  to  be  innocent,  the  justice  releases  him  on  bail 
or  sends  him  to  jail  till  he  can  be  brought  to  trial 
before  the  county  or  corporation  court. 

Indictment  for  Felony.  —  No  man  can  be  tried  for 
felony  till  he  has  been  indicted  by  the  grand  jury. 
The  indictment  is  the  charge  against  the  accused  per- 
son, written  out  with  full  particulars.  It  is  drawn  up 
by  the  commonwealth's  attorney,  who  gives  it  to  the 
grand  jury.  Witnesses  in  support  of  the  accusation 
appear  before  the  grand  jury,  and,  after  being  sworn, 
give  in  their  testimony.  If  the  grand  jury  then  thinks 
that  the  charges  in  the  indictment  are  well  founded, 
and  the  evidence  probably  sufficient  to  prove  them, 
"a  true  bill"  is  indorsed  on  the  indictment.  If  the 
grand  jury  thinks  that  the  evidence  is  insufficient  to 
establish  the  charges,  "not  a  true  bill"  is  indorsed  on 
the  indictment.  But  the  fact  that  the  grand  jury  has 
found  "not  a  true  bill"  does  not  prevent  the  finding 
of  "  a  true  bill "  at  some  future  time,  if  other  evidence 
should  be  discovered. 

The  Trial.  —  After  a  man  has  been  indicted  and 
has  received  due  notice,  he  is  brought  into  court  for 
trial,  and  no  steps  can  be  taken  in  the  trial  in  his 
absence.  The  commonwealth's  attorney  conducts  the 
prosecution ;  and  if  the  accused  is  unable  to  secure 
an  attorney  for  his  own  defense,  the  court  may  assign 
counsel  to  represent  him.  When  the  prisoner  is  ar- 
raigned, he  is  ordered  to  stand  up  and  the  indictment 
is  read  to  him.  This  being  done,  he  is  asked  whether 
he  is  guilty  or  not  guilty  as  charged  in  the  indictment. 
Whether  he  pleads  guilty  or  not  guilty,  a  jury  is  im- 


72  LEGAL  PROCEEDINGS 

paneled;  for  though  he  may  acknowledge  himself  to 
be  guilty,  yet  the  law  requires  the  jury  to  render  a 
verdict  'before  he  can  be  condemned.  If  he  pleads 
"  not  guilty,"  the  witnesses  for  and  against  him  are 
examined  and  cross-examined,  and  he  is  allowed  to 
testify  in  his  own  behalf.  The  case  is  then  argued 
by  the  attorneys,  and  the  judge  delivers  to  the  jurors 
instructions  in  regard  to  the  principles  that  should 
govern  them  in  reaching  a  decision.  If  the  jury  rend- 
ers a  verdict  of  *'not  guilty,"  the  court  so  informs 
the  prisoner  and  he  is  released.  But  if  the  verdict 
is  "guilty,"  the  judge  sentences  the  prisoner  to  the 
penitentiary  or  to  be  hanged,  as  the  case  may  be. 

Habeas  Corpus.  —  If  a  person  under  arrest  thinks 
that  he  is  unlawfully  imprisoned,  he  or  any  one  inter- 
ested in  his  case  may  apply  to  the  judge  of  any  county, 
corporation,  or  circuit  court  for  a  writ  of  habeas  corpus. 
This  is  an  order  commanding  the  sheriff  to  bring  the 
accused  person  into  court  so  that  the  cause  of  his  arrest 
may  be  investigated.  The  judge  looks  into  the  matter, 
and  if  he  finds  that  the  prisoner's  arrest  was  unlawful, 
he  releases  him.  This  writ  applies  not  only  to  prisoners 
under  arrest,  but  also  to  cases  where  a  person  is  unlaw- 
fully detained  by  another.  For  example,  a  father  can 
use  it  to  get  possession  of  a  child  that  is  held,  contrary 
to  law,  by  another  person. 

The  writ  of  habeas  corpus  had  its  origin  in  England  at 
an  early  date,  and  is  regarded  as  one  of  the  most  impor- 
tant writs  in  law,  for  it  protects  a  man's  right  of  personal 
liberty  by  providing  for  an  examination,  by  competent 
authority,  of  the  ground  of  his  arrest  or  detention. 


QUESTIONS  73 


QUESTIONS 


1.  What  twofold  duty  has  a  court  to  discharge? 

2.  Who  determines  what  the  law  is  in  any  case,  and  who  usually 

decides  what  the  evidence  proves? 

3.  What  does  the  word  Juror  mean? 

4.  What  is  a  grand  jury?     What  a  petit  jury? 

5.  How  are  grand  juries  obtained? 

6.  How  are  juries  obtained  to  try  civil  and  misdemeanor  cases? 

7.  How  are  juries  obtained  to  try  felony  cases? 

8.  How  do  ordinary  civil  cases  arise? 

9.  What  is  meant  by  the  common  law? 

10.  What  are  the  first  proceedings  in  civil  cases? 

1 1 .  Give  a  brief  outline  of  the  trial  in  such  cases. 

12.  What  is  said  of  chancery  proceedings? 

13.  What  are  depositions? 

14.  What  is  the  duty  of  every  officer,  and  of  every  citizen  who 

knows  that  a  crime  is  about  to  be  committed? 

15.  How  does  every  county  or  city  provide  for  the  detection  of 

crimes? 

16.  What  instructions  dqes  the  judge  give  the  grand  jury? 

17.  What  action  should  every  justice  of  the  peace  take  in  order  to 

bring  criminals  to  justice  ? 

18.  What  is  the  duty  of  a  citizen  who  knows  of  a  crime  ? 

19.  Before  whom  is  a  man  arrested  for  crime  first  taken? 

20.  What  does  the  justice  do  if  the  charge  is  for  a  misdemeanor  ? 

What  for  a  felony? 

21.  What  is  an  indictment,  and  who  draws  it  up? 

22.  What  action  does  the  grand  jury  take  in  regard  to  an  indictment  ? 

23.  Give  a  brief  outline  of  a  trial  for  felony. 

24.  If  a  person  is  unlawfully  imprisoned,  what  can  he  do? 

25.  What  is  the  writ  of  habeas  corpus? 

26.  Where  did  it  originate,  and  how  is  it  regarded? 


CHAPTER   VIII 

THE   PUBLIC  SCHOOL  SYSTEM 

Preparatory  Work.  —  Who  teaches  the  public  school  in  your 
neighborhood?  What  is  the  difference  between  a  public  school 
and  a  private  school?  Give  the  name  of  the  superintendent  of 
schools  in  your  county  or  city,  and  tell  whether  he  is  appointed  or 
elected.  Who  are  the  members  of  the  board  of  school  trustees  in 
your  district?  How  are  positions  to  teach  in  the  public  school 
system  secured? 

History  of  Popular  Education.  —  In  1796  the  General 
Assembly  enacted  a  law,  proposed  by  Mr.  Jefferson, 
which  required  each  county  to  be  divided  into  wards 
and  districts  and  a  sufficient  tax  to  be  levied  to  main- 
tain elementary  schools,  academies,  and  a  university. 
But  it  was  left  to  the  county  courts  to  decide  for  their 
respective  counties  whether  or  not  the  law  should  go 
into  effect;  and  this  condition  practically  annulled  the 
measure,  for  not  a  single  county  court  decided  in  favor 
of  putting  it  into  operation.  In  18 10  the  Literary 
Fund^   was   formed,   and  the   revenue   from   this  was 

1  The  Literary  Fund  was  formed  from  the  proceeds  of  confiscations, 
escheats,  sale  of  glebe  lands  belonging  to  the  former  colonial  church, 
forfeitures,  fines,  etc.  The  fund  was  afterwards  further  increased  by 
money  received  from  the  Federal  government.  In  i86i  it  amounted  to 
j^2,26o,ooo.     In  1896  the  fund  aggregated  ^2,275,649.28. 

The  law  by  which  the  University  of  Virginia  was  founded  was,  through 
the  influence  of  Thomas  Jeff"erson,  passed  by  the  General  Assembly  in 
1819. 

74 


OFFICERS  OF  THE  SYSTEM  75 

devoted  exclusively  to  the  education  of  poor  white 
children  till  1817,  when  under  the  influence  of  Mr. 
Jefferson  a  part  of  it,  fifteen  thousand  dollars,  was  set 
aside  annually  for  the  permanent  endowment  of  a 
university.  After  this,  the  remainder  of  the  interest  of 
the  Literary  Fund  was  applied  to  the  education  of  poor 
white  children ;  but  the  funds  provided  were  insufficient 
for  the  needs  of  even  this  class.  No  adequate  provision 
was  made  for  public  education  till  the  adoption  of  the 
constitution  of  1869,  which  required  the  General  Assem- 
bly to  establish  a  uniform  system  of  public  free  schools. 
This  was  done  during  the  session  of  1869-70.  The 
system,  after  it  had  been  put  into  operation,  grew 
rapidly  in  favor,  and  under  its  influence  the  percentage 
of  illiteracy  has  been  gradually  diminishing. 

Organization  of  the  Public  School  System.  —  Each 
county  is  divided  into  from  three  to  eleven  magisterial 
districts,  and  each  magisterial  district  into  as  many 
school  districts  as  may  be  necessary.  No  school  dis- 
trict, however,  is  formed  with  less  than  one  hundred  in- 
habitants. Cities  are  also  divided  into  school  districts, 
and  a  town  may  constitute  a  separate  school  district  if 
the  council  so  elects.  Each  school  district  is  a  corpora- 
tion. 

Officers  of  the  System.  —  The  public  school  system  is 
administered  through  the  following  officers :  A  Board 
of  Education,  a  superintendent  of  public  instruction, 
county  superintendents  of  public  instruction.  County 
School  Boards,  School  Trustee  Electoral  Boards,  and 
District  Boards  of  School  Trustees.  The  duties  of 
these  will  now  be  briefly  stated. 


^6  THE  PUBLIC  SCHOOL  SYSTEM 

The  Board  of  Education.  — The  Board  of  Education  is 
a  corporation  that  consists  of  the  governor,  the  super- 
intendent of  public  instruction,  and  the  attorney  general. 
It  is  the  duty  of  this  board  to  appoint  all  county  and  city 
superintendents  and  to  remove  them  for  cause,  subject 
to  confirmation  by  the  Senate ;  to  provide  for  uniformity 
of  text-books  and  for  the  furnishing  of  schoolhouses  with 
necessary  apparatus  and  library ;  to  prescribe  the  mini- 
mum number  of  pupils  required  to  form  a  school ;  to 
hear  appeals  from  the  decision  of  the  superintendent  of 
public  instruction ;  to  make  general  regulations  for  con- 
ducting the  system ;  to  regulate,  as  the  law  provides, 
the  management  and  investment  of  all  school  funds ; 
to  exercise  such  supervision  of  state  schools  of  higher 
grades  as  the  law  provides ;  and  to  make  a  report  to 
the  General  Assembly  at  each  regular  session. 

The  Superintendent  of  Public  Instruction.  —  This  offi- 
cer is  elected  by  the  General  Assembly  upon  joint  bal- 
lot of  the  two  houses  to  hold  office  for  four  years  and 
till  his  successor  is  qualified.  He  is  the  chief  executive 
of  the  public  school  system,  and  as  such  he  is  to  a  large 
extent  responsible  for  its  efficiency.  It  is  his  duty  to 
explain  the  meaning  of  the  school  laws  and  to  see  that 
they  are  faithfully  executed ;  to  instruct  school  officers 
as  to  their  duties ;  to  prescribe  the  forms  of  registers 
and  reports ;  to  apportion  the  school  funds  among  the 
counties  and  cities ;  to  make  tours  of  inspection  to  the 
public  schools  of  the  state ;  to  decide  appeals  from  de- 
cisions of  county  superintendents;  to  make  an  annual 
report  to  the  Board  of  Education,  giving  detailed  infor- 
mation  in  regard  to  the  workings  of   the  system ;  to 


THE  COUNTY  SCHOOL  BOARD  JJ 

make  suggestions  to  the  Board  of  Education  and  to  the 
General  Assembly  upon  matters  connected  with  the  sys- 
tem ;  and  to  promote  by  all  proper  means  an  apprecia- 
tion of  education  among  the  people  and  a  desire  for  it. 

The  County  Superintendent.  —  A  superintendent  for 
each  county  is  appointed  by  the  Board  of  Education, 
subject  to  confirmation  by  the  Senate.  He  serves  for  a 
term  of  four  years  and  till  his  successor  is  qualified. 
He  is  required  to  supervise  and  visit  the  schools  in  his 
county ;  to  explain  the  school  system  upon  all  proper 
occasions ;  to  promote  an  appreciation  of  education 
among  the  people  and  a  desire  for  it ;  to  examine  and 
license  persons  who  wish  to  teach ;  to  promote  the  im- 
provement and  efficiency  of  teachers  by  all  proper 
methods,  under  the  direction  of  the  superintendent  of 
public  instruction ;  to  prepare  annually,  or  oftener  if  it 
be  necessary,  under  the  direction  of  the  superintendent 
of  public  instruction,  a  scheme  for  apportioning  the 
state  and  county  school  funds  among  the  school  districts 
of  the  county ;  to  decide  all  appeals  or  complaints  touch- 
ing the  acts  of  persons  connected  with  the  school  system 
in  the  county,  subject  to  appeal  to  the  superintendent  of 
public  instruction,  and  from  him  to  the  School  Board ; 
to  require  annually,  or  oftener  if  necessary,  from  the 
clerks  of  the  boards  of  district  school  trustees,  full  sta- 
tistics in  regard  to  the  public  schools  of  their  respective 
districts;  to  observe  the  directions  and  regulations  of 
the  superintendent  of  public  instruction,  and  to  report 
to  him  annually. 

The  County  School  Board.  —  The  county  superinten- 
dent  of   schools   and  the  district  school  trustees  con- 


yS  THE   PUBLIC  SCHOOL  SYSTEM 

stitute  in  each  county  a  corporation,  called  the  County 
School  Board,  which  has  power  to  make  contracts,  to 
take  and  hold  property,  and  to  sue  and  be  sued.  All 
property  to  be  applied  to  school  uses  in  the  county  is 
vested  in  the  County  School  Board,  unless  inconsistent 
with  the  grant  or  devise,  upon  such  terms  and  condi- 
tions for  its  security  as  the  county  court  shall  prescribe. 
All  such  property  the  board  is  authorized,  when  not 
inconsistent  with  the  terms  of  the  grant  or  devise,  to 
manage,  and  to  apply  the  profits  from  it  to  educational 
purposes  in  the  same  manner  and  under  the^  same 
restrictions  as  the  general  school  fund  is  applied,  ex- 
cept that  a  part  of  the  profits  may,  if  the  board  so 
decides,  be  used  in  the  erection  of  schoolhouses  or  in 
the  purchase  of  apparatus.  In  cases  where  money  or 
other  property  is  held  by  trustees  for  purposes  of  com- 
mon school  education,  the  board  is  charged  with  the 
duty  of  seeing  that  the  trusts  are  properly  administered, 
and  it  has  authority  to  take  all  steps  necessary  to  in- 
sure this. 

The  School  Trustee  Electoral  Board.  —  This  body  is 
composed  of  the  county  judge,  the  commonwealth's 
attorney,  and  the  county  superintendent  of  schools.  Its 
chief  duty  is  to  appoint  annually,  for  each  school  dis- 
trict in  the  county,  one  school  trustee,  whose  term  of 
office  is  for  three  years ;  three  having  been  appointed 
the  first  time  for  one,  two,  and  three  years  respectively. 
This  board  is  also  authorized  to  remove  from  office  any 
trustee  who  fails  to  qualify,  or  who  does  not  discharge 
his  duty,  and  to  fill  all  vacancies  that  occur  in  the  office 
of  district  school  trustees. 


THE   DISTRICl^   BOARD   OF  SCHOOL  TRUSTEES         79 

The  District  Board  of  School  Trustees.  —  The  three 
trustees  of  each  district  form  the  District  Board  of 
School  Trustees,  of  which  one  of  the  members  is  chair- 
man and  another  clerk.  This  board  is  charged  with  the 
important  duty  of  seeing  that  the  details  of  the  school 
system  are  carried  out  in  the  district.  It  is  required  to 
observe  the  school  laws  and  regulations,  to  explain  them 
and  to  enforce  them  ;  to  employ  teachers,  and  to  dismiss 
them  when  delinquent;  to  suspend  or  dismiss  pupils, 
when  necessary ;  to  supply  text-books  to  children  too 
poor  to  pay  for  them ;  to  see  that  the  school  census  is 
taken  as  prescribed  by  law ;  to  call  meetings  of  the 
people  of  the  district  for  consultation  in  regard  to 
school  interests;  to  prepare  annually  and  submit,  on 
or  before  the  15th  day  of  July,  to  the  president  of  the 
County  School  Board,  to  be  laid  before  the  board  at  its 
earliest  meeting,  an  estimate  of  the  amount  of  money 
that  will  be  needed  in  the  district  during  the  next 
school  year,  for  providing  schoolhouses,  school  books 
for  indigent  children,  other  school  appliances,  and 
necessary,  proper,  and  lawful  expenses ;  to  take  care 
of  the  school  property  of  the  district  and  to  manage  it; 
to  visit  from  time  to  time  the  schools  of  the  district  so 
as  to  see  that  they  are  properly  conducted;  to  make 
an  annual  report  to  the  county  superintendent ;  and  to 
issue  warrants  on  the  county  treasurer  to  pay  teachers, 
the  clerk  of  the  board  for  his  services,  and  all  other 
school  expenses,  after  all  such  claims  have  been  ex- 
amined and  approved. 

The  clerk  of  the  District  Board  is  required  every  five 
years -to  take  a  census  of  all  persons  between  the  ages 


80  THE  PUBLIC   SCHOOL  SYSTEM 

of  five  and  twenty-one  years  living  in  the  district,  and 
at  the  same  time  a  separate  census  of  all  deaf  and  blind 
persons  between  the  ages  of  five  and  twenty-one  years ; 
to  keep  the  records  of  the  proceedings  of  the  board,  and 
to  discharge  such  other  duties  as  may  be  assigned  to 
him. 

Teachers.  —  Every  teacher  must  be  examined  by  the 
county  superintendent  and  receive  a  certificate  of  quali- 
fication before  taking  charge  of  a  school.  Teachers 
are  required  to  make  monthly  reports  and  term  reports 
to  the  county  superintendent,  also  special  reports 
when  called  on  to  do  so,  and  to  keep  a  daily  register 
of  facts  pertaining  to  their  schools  in  the  manner 
prescribed  by  the  Board  of  Education.  For  the  better 
equipment  of  teachers  for  their  work,  the  General 
Assembly  has  made  provision  for  several  Summer 
Normal  Schools  which  are  held  annually. 

Pupils.  —  Pupils  between  the  ages  of  six  and  twenty- 
one  years  may  attend  the  public  schools  free  of  cost. 
Persons  between  the  ages  of  twenty-one  and  twenty- 
five  are  admitted  if  they  prepay  a  tuition  fee  of  one 
dollar  per  month.  An  enrollment  of  at  least  twenty 
pupils,  with  a  reasonable  assurance  of  an  average  daily 
attendance  of  that  number,  is  required  to  constitute  a 
public  free  school.  White  and  colored  children  are 
taught  in  separate  schools  but  under  the  same  general 
regulations  as  to  management,  usefulness,  and  effi- 
ciency. 

School  Funds. — The  funds  which  go  annually  to 
the  support  of  the  public  schools  consist  of  the  fol- 
lowing:— 


QUESTIONS  (  aN-^l-ERSlTY 

1.  State  funds,  embracing  the  annual  mtere^S*fill!si£2S* 
the  Literary  Fund,  a  capitation  tax  not  exceeding  one 
dollar  per  annum  on  every  male  citizen  who  has  at- 
tained the  age  of  twenty-one  years,  and  of  such  tax 
on  property  not  less  than  one  mill  nor  more  than  five 
mills  on  the  dollar,  as  the  General  Assembly  shall 
from  time  to  time  order  to  be  levied. 

2.  County  funds,  which  embrace  such  taxes  as  the 
law  authorizes  the  Board  of  Supervisors  to  levy  on 
the  people  of  the  county,  fines  and  penalties  arising 
from  the  violation  of  certain  school  laws,  and  dona- 
tions made  to  the  county  for  school  purposes. 

3.  District  funds,  which  consist  of  such  taxes  as 
the  law  authorizes  the  Board  of  Supervisors  to  levy 
on  the  school  district,  fines  and  penalties  arising  from 
the  violation  of  certain  district  regulations  and  dona- 
tions made  to  the  district  for  school  purposes. 

City  Schools.  —  The  provisions  for  public  schools  in 
cities  and  towns  are  essentially  the  same  as  those  for 
the  county.  In  each  city  containing  a  population  of 
ten  thousand  and  upwards,  there  is  a  city  superin- 
tendent of  public  instruction,  and  in  other  respects 
the  school  organization  is  the  same  as  that  for  the 
county,  the  corresponding  officers  having  also  similar 
duties. 

QUESTIONS 

1.  What  law  did  the  General  Assembly  pass  in  1796  in  regard  to 

public  education? 

2.  Why  did  the  law  not  go  into  operation? 

3.  When  was  the  Literary  Fund  formed,  and  how  was  all  the 

interest  at  first  used  ? 

CIV.  gov't  of  va.  —  6 


82  THE  PUBLIC  SCHOOL  SYSTEM 

4.  In  181 7  how  much  of  the  interest  was  applied  to  the  endow- 

ment of  the  University,  and  how  was  the  remainder  used? 

5.  When  was  adequate  provision  made  for  public  education? 

6.  Into   how  many  school  districts   is   each   magisterial   district 

divided? 

7.  Tell  about  the  division  of  cities  and  towns  into  school  districts. 

8.  What  officers  administer  the  public  school  system? 

9.  What  state  officers  form  the  Board  of  Education,  and  what  are 

the  chief  duties  of  this  board  ? 

10.  How  is  the  superintendent  of  public  instruction  elected,  and 

what  are  his  chief  duties  ? 

11.  How  is  the  county  superintendent  appointed,  and  what  are  his 

duties? 

12.  Who  compose  the  County  School  Board? 

13.  What  powers  has  this  board ? 

14.  What  are  its  duties  in  regard  to  property  to  be  applied  to  school 

uses? 

15.  Who  compose  the  School  Trustee  Electoral  Board,  and  what  is 

the  chief  duty  of  this  board? 

16.  How  is  the  District  Board  of  School  Trustees  formed? 

17.  With  what  important  duty  is  this  board  charged? 

18.  Name  some  of  its  special  duties? 

19.  What  is  the  clerk  of  the  District  Board  of  School  Trustees 

required  to  do  every  five  years  ? 

20.  By  whom  must  every  applicant  to  teach  be  examined?    What 

certificate  must  be  obtained? 

21.  What  provision  has  the  General  Assembly  made  for  the  im- 

provement of  teachers  ? 

22.  Who  can  attend  public  schools  as  pupils,  and  how  many  pupils 

are  necessary  to  form  a  school  ? 

23.  What  do  the  state  funds  for  public  schools  embrace? 

24.  What  constitute  the  county  funds  ?     What  the  district  funds  ? 

25.  What  is  said  of  the  provisions  for  city  schools? 

26.  When  may  a  city  have  a  city  superintendent  of  schools? 


CHAPTER    IX 

ELECTIONS 

The  Right  of  Suffrage.  —  A  characteristic  feature  of 
a  free  state  is  that  the  people  are  allowed  to  take 
part  in  the  government,  and  this  right  is  usually  one 
of  the  first  guaranteed  by  the  constitution.  The 
political  power  possessed  by  the  people  consists  chiefly 
in  the  right  of  suffrage,  by  which  is  meant  the  right 
to  vote  in  the  election  of  officers  and  in  deciding 
public  questions.  This  right  does  not  belong  to  all 
the  people,  but  only  to  such  as  possess  qualifications 
that  are  deemed  necessary. 

Qualifications  Required.  —  The  right  of  suffrage  is 
granted  to  every  male  citizen  of  the  United  States, 
twenty-one  years  of  age,  who  has  been  a  resident  of 
Virginia  twelve  months,  and  of  the  county,  city,  or 
town  in  which  he  offers  to  vote  three  months  next 
preceding  any  election  in  which  he  proposes  to  take 
part.  The  following  classes  of  persons,  however, 
though  they  have  the  qualifications  mentioned  above, 
are  excluded  from  voting  :  i.  Idiots  and  lunatics.  2. 
Persons  convicted  of  bribery  in  any  election,  em- 
bezzlement of  public  funds,  treason,  felony,  or  petit 
larceny.  3.  All  persons  who,  while  citizens  of  Vir- 
ginia, have,  since  the  adoption  of  the  present  consti- 
tution, fought  a  duel  or  in  any  way  knowingly  aided 

83 


84  ELECTIONS 

others  to  do  so,  unless  the  General  Assembly  has  by 
a  two-thirds  vote  removed  the  disability  thus  incurred. 
'  Qualified  voters  are  entitled  to  vote  for  members  of 
the  General  Assembly  and  for  all  officers  elected  by  the 
people. 

The  Election  System.  —  For  convenience  to  the  peo- 
ple and  to  save  expense,  the  same  voting  places  are 
used  for  all  elections,  and  officers  of  different  kinds  are 
elected  at  the  same  time.  All  elections  are  conducted 
upon  the  same  general  plan  and  by  the  same  election 
officers.  Magisterial  district  officers  and  county  officers 
are  elected  on  the  fourth  Thursday  in  May,  state  and 
Federal  officers  on  the  Tuesday  after  the  first  Monday 
in  November.  Notices  of  special  elections  in  counties 
are  given  by  sheriffs  and  in  cities  by  sergeants.  Elec- 
tions in  towns  are  made  known  by  the  sheriff. 

Election  Officers.  —  The  duty  of  carrying  out  the  elec- 
tion laws  is  discharged  by  the  Board  of  State  Canvass- 
ers, an  Electoral  Board  for  each  county  and  city,  a 
Board  of  Commissioners  of  Election  for  each  county 
and  city,  and  precinct  judges  and  clerks. 

Board  of  State  Canvassers.  —  This  board  is  composed 
of  the  governor,  the  secretary  of  the  commonwealth,  the 
auditor  of  public  accounts,  the  state  treasurer,  and  the 
attorney  general,  or  any  three  of  these.  Its  chief  duty 
is  to  examine  the  election  returns  for  state  and  Federal 
officers  and  determine  the  results. 

County  and  City  Electoral  Boards.  —  Each  county  and 
city  has  an  electoral  board  of  three  members,  who  are 
elected  by  the  General  Assembly  at  each  alternate  regu- 
lar session,  the  first  having  been  elected  in  December, 


REGISTRATION  85 

1889.  They  serve  for  four  years  and  go  into  office  on 
the  first  day  of  January  after  their  election.  The  board 
chooses  one  of  its  members  to  be  president,  and  another 
to  be  secretary,  and  holds  a  regular  session  annually  in 
the  month  of  April.  It  appoints  election  judges,  com- 
missioners of  election,  and  registrars.  It  is  also  charged 
with  the  duty  of  having  ballots  printed  and  delivered 
at  the  voting  places  before  each  election. 

Election  Districts.  —  Each  magisterial  district  of  a 
county,  and  each  ward  of  a  city,  constitutes  an  election 
district  or  precinct,  and  for  each  precinct  there  is  but 
one  voting  place.  If  it  is  found  to  be  necessary,  a 
magisterial  district  and  also  a  ward  may  be  divided 
into  more  precincts  than  one. 

Precinct  Officers.  —  Each  precinct  has  three  judges  and 
two  clerks.  The  judges  are  appointed  by  the  Electoral 
Board  of  the  county  or  city  annually  before  the  first  day 
of  March,  and  whenever  it  is  possible  they  are  selected 
from  different  political  parties.  They  serve  for  one  year, 
and  conduct  all  elections  that  take  place  in  their  precinct 
during  their  term  of  office.  The  judges  appoint  the  two 
clerks  for  their  voting  place.  No  person,  if  a  candidate 
for  an  office,  can  serve  as  judge  or  clerk  of  elections. 

Commissioners  of  Election.  —  Each  county  and  city 
has  a  Board  of  Commissioners  of  Election  of  five  mem- 
bers, any  three  of  whom  can  act.  It  is  appointed  by 
the  Electoral  Board  of  the  county  or  city,  and  the  mem- 
bers are  selected  from  the  judges  of  election.  Its  duty 
is  to  canvass  the  election  returns  of  its  county  or  city. 

Registration.  —  To  prevent  illegal  voting,  the  Elec- 
toral Board  of  e^ch  county  and  city  appoints  for  each 


86  ELECTIONS 

precinct  an  officer,  called  a  registrar,  to  enroll  the  names 
of  persons  entitled  to  vote,  in  books  provided  for  the 
purpose.  It  is  the  duty  of  the  registrar  to  be  at  his 
precinct  every  year  on  the  second  Tuesday  in  May  to 
register  all  voters,  not  previously  registered,  and,  ten 
days  before  the  November  elections,  to  give  one  day  to 
amending  and  correcting  the  list  of  voters.  At  this 
time,  also,  any  qualified  voter  may  register.  The  regis- 
trar is  required  by  law  at  any  time,  previous  to  the 
regular  registration  days,  to  register  any  voter  who  may 
apply  to  him.  The  registrars  are  appointed  before  the 
first  day  of  May,  and  serve  for  a  term  of  two  years. 
The  first  were  appointed  under  the  present  law  in 
1889.  No  person  is  allowed  to  vote  unless  he  has 
registered. 

Election  Supplies.  —  Registration  books  and  poll 
books,  that  is,  books  in  which  are  enrolled  the  names  of 
persons  as  they  vote,  are  furnished  for  each  precinct  by 
the  secretary  of  the  commonwealth.  The  electoral 
boards  have  the  ballots  printed.  These  contain  the 
names  of  all  candidates  that  have  complied  with  the  re- 
quirements made  of  them  by  law,  printed  in  black  ink, 
and  in  separate  lines  below,  the  office  for  which  they  offer 
themselves.  The  electoral  boards  affix  to  the  ballots 
official  seals,  and  put  them  up  in  sealed  packages,  making 
for  each  precinct  a  package  containing  twice  as  many 
ballots  as  the  precinct  has  registered  voters.  The  pack- 
ages are  kept  by  the  secretaries  of  the  electoral  boards 
till  a  few  days  before  the  election,  when  they  are  deliv- 
ered to  the  precinct  judges.  When  a  president  and 
vice  president  are  to  be  elected,  the  electoral  boards 


AT  THE   POLLS  8/ 

have  printed,  on  the  official  ballots,  the  name  of  each 
candidate  for  president  and  vice  president,  and  group, 
under  the  names  of  the  candidates  for  president  and 
vice  president  of  each  political  party,  the  names  of  the 
electors  nominated  by  the  political  party  of  such  candi- 
dates. None  but  sworn  officers  are  allowed  to  see  the 
official  ballots  till  election  day  in  order  to  prevent  any 
one  from  cheating  by  having  similar  ballots  printed. 

Voting  Places.  —  The  voting  places,  called  also  polls, 
are  kept  open  for  one  day  —  from  sunrise  to  sunset. 
The  law  directs  the  electoral  boards  to  provide  at  each 
voting  place  one  or  more  small  compartments  or  booths 
large  enough  to  conceal  a  voter  from  general  observa- 
tion. Each  booth  must  be  supplied  with  a  desk  or 
other  convenience  for  writing  and  also  with  pen  and 
ink.  It  must  likewise  be  arranged  so  that  a  person 
standing  in  it  at  the  desk  will  be  wholly  excluded  from 
the  observation  of  the  clerks,  judges  of  election,  and 
other  persons. 

At  the  Polls.  —  Each  voter,  as  he  presents  himself,  is 
furnished  with  an  official  ballot  by  one  of  the  judges. 
This  he  takes  within  the  booth  and  prepares  it  by  draw- 
ing a  pen  or  pencil  through  the  names  of  the  candidates 
he  does  not  wish  to  vote  for,  leaving  the  names  of  the 
candidates  he  does  wish  to  vote  for  unscratched.  If  a 
president  and  vice  president  are  to  be  elected,  the  voter 
prepares  his  ballot  by  marking  out  the  names  of  the 
candidates  for  president  and  vice  president  he  does  not 
wish  to  vote  for,  but  leaves  the  electors  unscratched. 
Having  prepared  his  ballot,  he  folds  it  with  the  names 
of  the  candidates  on  the  inside,  and  hands  it  to  one  of 


88  ELECTIONS 

the  judges,  who  pronounces  the  name  of  the  voter  in  an 
audible  voice,  and  deposits  the  ballot  in  the  box.  The 
name  of  the  voter  is  then  checked  on  the  registration 
book  by  one  of  the  judges,  and  entered  by  the  clerks  of 
election  in  the  poll  book. 

Challenging.  —  When  a  person  offers  to  vote,  the 
judges  or  any  qualified  voter  may  challenge  him  if  it  is 
supposed  that  he  is  not  entitled  to  exercise  the  right  of 
suffrage.  A  person  who  has  been  challenged  is  not 
allowed  to  vote  till  the  challenge  is  withdrawn,  or  his 
right  to  vote  is  proved  by  others,  or  sworn  to  by  him- 
self. 

Counting  Votes.  —  After  the  polls  have  been  closed, 
the  judges  count  the  number  of  ballots,  and,  if  it  exceeds 
the  number  of  names  enrolled  on  the  poll  books,  a  num- 
ber of  ballots  equal  to  the  excess  is  selected  by  lot  and 
destroyed.  If  any  voter  casts  two  ballots  by  folding 
them  together,  these  are  also  destroyed ;  and  if  by  the 
destruction  of  fraudulent  votes  the  number  of  ballots  is 
reduced  below  the  number  of  names  on  the  poll  books, 
the  cause  of  the  reduction  is  stated.  The  poll  books  are 
then  signed  by  the  judges  and  attested  by  the  clerks. 
This  being  done,  the  judges  read  the  ballots,  and  count  the 
votes  cast  for  each  candidate.  Two  persons,  friendly  to 
each  political  party,  are  allowed  to  witness  the  counting. 

The  Returns.  —  When  the  results  have  been  deter- 
mined, they  are  written  down  in  full  in  the  poll  books, 
after  which  the  books  are  sealed,  and  together  with  the 
ballots,  which  are  strung  on  a  cord,  are  delivered  on  the 
day  after  the  election  by  one  of  the  judges  to  the  clerk 
of  the  county  or  corporation.     On  the  second  day  after 


QUESTIONS  89 

the  election,  the  commissioners  of  election  meet  at  the 
clerk's  office,  and  ascertain  from  the  returns  the  persons 
who  have  received  the  greatest  number  of  votes  in  the 
county  or  corporation  for  the  several  offices  to  be  filled. 
The  clerk  then  makes  out  certificates  of  election  for 
each  of  the  persons  receiving  the  highest  number  of 
votes  for  any  county,  corporation,  or  district  office,  and 
transmits  to  the  secretary  of  the  commonwealth  ab- 
stracts of  all  the  votes  cast  for  state  officers,  members 
of  the  General  Assembly,  and  Federal  officers.  On 
the  fourth  Monday  in  November  after  the  election,  the 
Board  of  State  Canvassers  meets  and  canvasses  the 
abstracts  received  from  all  the  counties  and  cities.  As 
soon  as  this  has  been  done,  the  secretary  of  the  common- 
wealth sends  to  each  of  the  persons  who  has  been 
elected,  except  the  attorney  general,  who  is  commis- 
sioned by  the  governor,  a  certificate  of  election. 


QUESTIONS 

1.  What  is  a  characteristic  right  of  free  government  ? 

2.  In  what  right  does  the  political  power  possessed  by  the  people 

chiefly  consist,  and  what  is  meant  by  this  right? 

3.  What  qualifications  are  required  for  an  exercise  of  the  right  of 

suffrage  ? 

4.  What  persons  are  excluded  from  voting,  though  they  possess  the 

usual  qualifications? 

5.  Why  are  the  same  voting  places  used  for  all  elections? 

6.  When  are  county  and  district  officers  elected,  and  when  are 

state  and  Federal  officers  elected  ? 

7.  How  are  notices  of  special  elections  given? 

8.  What  officers  carry  out  the  election  laws? 

9.  Who  compose  the  Board  of  State  Canvassers,  and  what  are  the 

duties  of  this  board? 


90  ELECTIONS 

10.  How  are  county  and  city  electoral  boards  elected,  and  how 

long  do  they  serve? 

11.  When  do  these  boards  hold  their  annual  meeting,  and  what 

are  their  duties  ? 

12.  What  is  meant  by  an  election  district  or  precinct? 

13.  Who  are  the  precinct  officers,  and  how  are  they  appointed? 

14.  How  long  do  they  serve,  and  what  are  their  duties  ? 

15.  When  is  the  Board  of  Commissioners  of  Elections  appointed, 

and  what  is  its  duty? 

16.  What  is  the  object  of  registration  ? 

17.  What  are  the  duties  of  the  registrar? 

18.  How  are  election  supplies  obtained? 

19.  What  boards  have  the  ballots  printed,  and  what  names  are  put 

upon  them? 

20.  How  many  ballots  are  put  in  a  package  for  each  precinct? 

21.  What  officer  keeps  the  package,  and  to  whom  does  he  deliver  it 

a  few  days  before  an  election  ? 

22.  When  a  president  and  a  vice  president  of  the  United  States  are 

to  be  elected,  what  do  the  electoral  boards  have  printed  on 
the  official  ballots  ? 

23.  What  are  the  voting  places  called,  and  how  long  are  they  kept 

open? 

24.  What  does  the  law  require  to  be  provided  at  each  voting  place  ? 

25.  Tell  what  a  voter  has  to  do  when  he  goes  to  the  polls. 

26.  Explain  what  is  meant  by  challenging. 

27.  Who  counts  the  ballots? 

28.  If  the  number  of  votes  cast  in  any  election  exceeds  the  number 

of  enrolled  voters,  what  is  done?     If  any  voter  casts  two 
ballots,  what  is  done? 

29.  After  the  results  have  been  determined  at  a  precinct,  what  is 

done  with  the  poll  books  and  the  ballots  ? 

30.  Who  determine  the  results  for  a  county  or  a  corporation? 

31.,  What  abstracts  of  elections  are  sent  to  the  secretary  of  the 
commonwealth,  and  what  board  determines  the  result  for 
the  state? 


CHAPTER   X 

POLITICAL  PARTIES 

Origin  of  Political  Parties  in  the  United  States. — 
When  the  Constitution  of  1787  was  submitted  to  the 
states  for  ratification,  those  who  favored  it  were  called 
Federalists,  and  those  who  opposed  it  Anti-Federalists. 
This  was  the  first  real  division  of  the  people  into  politi- 
cal parties.  The  Federalists  triumphed  by  securing  the 
adoption  of  the  Constitution ;  and  no  sooner  had  this 
been  done  than  they  began  to  advocate  the  formation 
of  a  strong  national  government  by  giving  to  the  United 
States  all  the  power  that  a  loose  constructioii  of  the 
language  of  the  Constitution  would  allow.  On  the  other 
hand,  those  who  had  opposed  the  adoption  of  the  Con- 
stitution advocated  the  restriction  of  the  powers  of  the 
Federal  government  strictly  to  the  letter  of  the  law  as 
laid  down  in  the  Constitution.  This  line  of  division  has 
run  through  our  political  history  ever  since  we  dissolved 
our  allegiance  with  Great  Britain. 

Parties  a  Benefit.  —  Opposing  parties  are  always 
found  in  countries  where  people  take  part  in  the  govern- 
ment, and  are  free  to  think  and  act  for  themselves.  It  is 
well  both  for  our  state  and  our  nation  that  people  should 
divide  upon  questions  of  public  interest,  for  this  causes 
errors  in  the  administration  of  affairs  to  be  more  closely 
watched  and  more  speedily  remedied. 

91 


92  POLITICAL  PARTIES 

Advantages  of  Organization.  —  The  aim  of  every  party 
is  to  secure  the  triumph  of  its  principles,  and  this  can 
be  done  only  by  the  election  of  men  to  public  offices 
who  will  carry  them  out.  Hence  arises  the  necessity 
for  organization  on  the  part  of  those  who  agree  upon 
the  more  important  issues  which  a  party  advocates,  so 
that  unity  of  action  may  be  secured. 

How  a  Party  is  organized.  —  The  organization  of  a 
party  is  usually  effected  through  committees,  which 
exercise  authority  over  well-defined  areas.  The  general 
interests  of  the  party  in  the  state  are  looked  after  by 
a  state  committee.  Then  there  are  city  committees, 
county  committees,  etc.  A  perfectly  organized  party 
will  even  have  a  committee  for  each  precinct. 

Work  done  by  Committees.  —  Each  committee  looks 
after  the  interests  of  the  party  in  the  area  for  which  it 
was  organized.  Committees  plan  the  campaign,  call 
conventions  to  nominate  candidates,  arrange  for  primary 
elections,  secure  speakers,  distribute  campaign  literature, 
and  influence  voters. 

The  Primary  Meeting.  —  Local  meetings,  held  by  the 
adherents  of  a  political  party  for  the  purpose  of  ap- 
pointing delegates  to  attend  nominating  conventions, 
are  called  primary  meetings.  In  these  meetings,  as  a 
rule,  only  persons  who  supported  the  party  ticket  at  the 
last  general  election,  or  who  indicate  their  purpose  to 
support  it  at  the  next  election,  are  allowed  to  vote. 

The  Primary  Election.  — The  primary  election  is  held 
to  select  delegates  to  a  convention,  or  for  the  purpose 
of  directly  nominating  candidates  to  be  voted  for.  It  is 
really  a  formal  primary  meeting,  in  which  the  election 


THE  NATIONAL   CONVENTION  93 

is  conducted  in  a  manner  prescribed  by  law.  There  is 
no  general  law  in  Virginia  for  the  holding  of  primary 
elections ;  but,  for  a  number  of  cities  and  for  a  few  of 
the  counties,  special  laws  have  been  passed  which  pro- 
vide for  them. 

Caucus.  —  Frequently  before  a  primary  meeting  or 
primary  election,  the  representatives  of  a  political  party 
hold  a  private  meeting  for  the  purpose  of  bringing 
about  the  nomination  of  some  particular  candidate.  This 
is  called  a  caucus.  In  legislative  bodies  also  the  mem- 
bers of  the  same  political  party  often  hold  a  caucus  to 
devise  plans  to  promote  party  interests. 

Nominating  Candidates.  —  Candidates  to  represent  a 
party  are  usually  selected  by  conventions,  which  are 
representative  bodies  made  up  of  delegates  chosen  in 
primary  meetings.  Candidates  for  state  offices  are 
nominated  by  a  state  convention,  candidates  for  the  state 
Senate  by  conventions  held  in  the  senatorial  districts, 
candidates  for  the  House  of  Delegates  by  conventions 
held  in  the  representative  districts,  candidates  for  the 
county  offices  by  a  county  convention,  candidates  for  the 
House  of  Representatives  of  the  United  States  by  con- 
ventions held  in  the  congressional  districts. 

The  Unit  Rule.  —  Sometimes  the  delegates  to  a  con- 
vention are  instructed  to  vote  together  in  making  nomi- 
nations. This  is  called  the  unit  rule.  At  other  times 
they  are  left  free,  each  one  to  vote  as  he  deems  best. 

The  National  Convention.  —  Once  in  four  years  each 
of  the  great  parties  holds  a  convention  to  nominate  can- 
didates for  president  and  vice  president.  This  is  com- 
posed of  delegates  from  all  the  states,  each  state  being 


94  POLITICAL  PARTIES 

allowed  to  send  two  delegates  for  each  congressional 
district  and  four  for  the  whole  state,  called  delegates  at 
large. 

Party  Platforms.  —  Each  political  party,  when  it 
makes  nominations  for  president  and  vice  president, 
publishes  a  declaration  of  its  principles.  This  is  called 
a  platform.  The  state  convention  usually  adopts  the 
national  platform  as  its  own,  with  such  additions  as 
local  interests  seem  to  demand. 

QUESTIONS 

1.  Who  were  the  Federalists,  and  the  Anti-Federalists? 

2.  After  the  Constitution  of  the  United  States  had  been  adopted, 

what  did  the  Federalists  begin  to  advocate  ? 

3.  What  did  those  who  had  opposed  the  adoption  of  the  Constitu- 

tion hold? 

4.  Where  are  opposing  parties  always  found? 

5.  Why  are  political  parties  a  benefit? 

6.  What  is  the  aim  of  every  party,  and  how  can  it  be  best  attained? 

7.  Why  is  organization  necessary? 

8.  How  is  a  party  organized  ?    Name  some  of  the  usual  committees. 

9.  What  work  is  done  by  committees? 

10.  What  is  a  primary  meeting? 

11.  In  such  meetings,  what  persons  usually  vote? 

12.  What  is  a  primary  election? 

13.  What  is  said  of  primary  elections  in  Virginia? 

14.  What  is  a  caucus  ? 

15.  How  are  candidates  usually  selected? 

1 6.  What  is  the  unit  rule  ? 

17.  How  often  does  each  great  political  party  hold  a  convention  to 

nominate  candidates  for  president  and  vice  president  of  the 
United  States? 

18.  How  many  delegates  is  each  state  allowed  to  send  to  such  con- 

ventions ? 

19.  What  are  party  platforms? 

20.  What  platform  does  a  state  usually  adopt? 


CHAPTER   XI 

TAXATION 

What  are  Taxes  ?  —  The  feature  of  government 
that  is  most  familiar  to  all  the  citizens  is  its  power 
to  levy  taxes.  Indeed,  this  may  be  called  its  most 
characteristic  feature ;  for  if,  in  any  country,  there  is 
doubt  as  to  the  ruling  power,  we  have  only  to  find 
out  the  person  or  persons  whom  the  people  recognize 
as  having  authority  to  tax  them,  and  we  at  once  know 
the  government  they  recognize.  What,  then,  are  taxes  ? 
Every  government  takes  from  its  citizens  a  part  of 
their  private  property  to  pay  for  the  benefits  it  con- 
fers upon  them.  This  is  taxation,  so  that  a  tax  may  be 
defined  as  a  sum  of  money  taken  from  a  citizen  for 
public  uses. 

Reasons  for  Taxes.  —  The  government  does  many 
things  for  the  welfare  of  its  citizens  which  benefit 
one  as  much  as  another.  The  different  state,  county, 
town,  and  city  officers  must  be  paid  for  their  services. 
Public  buildings  must  be  erected,  salaries  paid  to  school- 
teachers, roads  kept  in  good  order,  and  many  other 
things  done  for  the  public  good.  All  must  be  paid 
for,  and  it  is  the  duty  of  the  government  to  raise 
money  from  the  people  to  pay  for  such  objects. 

What  is  Taxed.  —  Taxes  are  assessed  on  persons,  on 
property,  and  on  privileges.  A  tax  on  persons  is  called 
a  capitation,  or  poll  tax,  and  is  placed  only  on  male 

95 


96  TAXATION 

inhabitants  over  twenty-one  years  of  age.  Real  estate 
and  the  buildings  on  it  are  taxed,  and  so  is  personal 
property.  All  ready  money,  stocks,  bonds,  money  due 
to  persons,  agricultural  implements,  mechanics'  tools, 
furniture,  pictures,  books,  etc.,  are  classed  as  personal 
property.  Thus  this  kind  of  property  includes  almost 
all  a  person  can  own  except  real  estate.  Taxes  on 
privileges  are  those  charged  for  granting  to  persons  and 
to  corporations  the  right  to  carry  on  certain  kinds  of 
business.  For  example,  every  express  company,  mer- 
chant, and  book  agent  has  to  pay  a  privilege  or  license 
tax.  The  government  derives  some  revenue  also  from 
fines. 

Property  exempt  from  Taxation.  —  Some  property  is 
for  reasons  of  public  policy  exempt  from  taxation, 
such  as  public  property  belonging  to  a  county,  city, 
town,  to  the  state,  and  to  the  United  States ;  property 
owned  by  charitable,  benevolent,  and  literary  institu- 
tions, public  school  property,  burial  grounds,  and  prop- 
erty belonging  to  religious  denominations,  also  the 
libraries  of  licensed  ministers  of  the  gospel. 

Objects  for  which  Taxes  are  assessed.  —  i.  The  chief 
objects  for  which  the  state  raises  money  are  to  pay 
the  salaries  of  the  state  officers  and  of  members  of 
the  General  Assembly;  to  support  benevolent,  chari- 
table, and  literary  institutions;  to  carry  on  works  of 
internal  improvement;  to  support  the  public  school 
system ;  and  to  provide  for  paying  the  interest  and  the 
principal  of  the  state  debt.  2.  The  main  objects  for 
which  counties  levy  taxes  are  to  pay  county  officers, 
to   maintain   jails  and  poorhouses,  to  build  roads  and 


EQUALIZATION  97 

bridges,  to  raise  money  for  county  school  purposes, 
and  to  pay  general  county  expenses.  3.  Towns  and 
cities  lay  taxes  on  the  people  for  various  objects  such 
as  to  erect  public  buildings,  waterworks  and  gasworks, 
to  build  schoolhouses,  to  lay  streets,  etc. 

The  Assessment  of  Taxes.  —  From  the  land  books 
and  the  personal  property  books,  prepared  by  the 
commissioners  of  the  revenue,  the  total  valuation  of 
the  taxable  property  of  each  county  and  corporation 
can  be  readily  ascertained.  At  the  present  time  (1898), 
the  state  tax  upon  all  real  and  personal  property  is 
thirty  cents  upon  every  hundred  dollars  of  assessed 
value  for  the  support  of  the  government,  and  ten 
cents  upon  every  hundred  dollars  of  assessed  value 
for  the  state  public  school  fund.  The  levies  for  county 
needs  and  for  county  school  purposes  are  made  by 
the  boards  of  supervisors.  The  state  and  county  taxes 
being  known,  it  is  easy  to  ascertain  the  total  rate  of 
taxation  for  the  different  counties  and  corporations, 
and  the  taxes  of  each  person  can  then  be  correctly 
assessed  from  the  valuation  of  his  property.  The 
school  taxes  are  kept  separate  from  the  other  taxes. 
The  constitution  states  that  no  greater  amount  of  tax 
shall,  at  any  time,  be  levied  than  may  be  required  for 
the  necessary  expenses  of  the  government,  or  to  pay 
the  existing  indebtedness  of  the  state. 

Equalization.^  —  The  constitution  provides  that  all 
taxes  whether  imposed  by  the    state,  by  a  county,  or 

1  The  constitution  says  that  the  board  of  supervisors  "  shall  equalize 
the  valuation  of  property  ;"  but  the  statute  law  authorizes  the  courts  to  do 
this,  and  they  are  always  applied  to  when  relief  is  needed  from  unjust 
assessments. 

CIV.  gov't  of  va.  —  7 


98  TAXATION 

by  a  corporation  shall  be  equal  and  uniform,  and  that 
all  property,  both  real  and  personal,  shall  be  taxed  in 
proportion  to  its  value.  Sometimes,  however,  assess- 
ments are  carelessly  made  and  at  other  times  errors 
are  made.  To  prevent  injustice  from  such  causes,  the 
General  Assembly  has  passed  a  law  authorizing  any 
person  who  feels  that  his  property  has  been  erro- 
neously assessed  to  apply  for  relief,  within  a  certain 
time,  to  the  court  in  which  the  commissioner  who  made 
the  assessment  qualified. 

QUESTIONS 

1 .  Why  may  taxation  be  called  the  most  characteristic  feature  of 

government? 

2.  What  are  taxes? 

3.  Why  has  government  a  right  to  levy  taxes? 

4.  What  are  poll  taxes  ? 

5.  What  kinds  of  property  are  taxed? 

6.  What  are  taxes  on  privileges  ? 

7.  What  property  is  exempt  from  taxation? 

8.  What  are  the  chief  objects  for  which  the  state  levies  taxes? 
9. '  For  what  purposes  do  counties,  towns,  and  cities  levy  taxes? 

10.  How  is  the  valuation  of  the  taxable  property  of  each  county  and 

corporation  ascertained  ? 

1 1 .  What  is  the  present  state  tax  for  the  support  of  the  government  ? 

What  for  public  schools  ? 

12.  How  are  the  levies  for  county  needs  and  for  county  school  pur- 

poses made? 

13.  The  rate  of  taxation  being  known,  how  are  each  citizen's  taxes 

assessed  ? 

14.  How  does  the  constitution  restrict  taxation? 

15.  What  does  the  constitution  provide  in  regard  to  taxes? 

16.  If  a  man's  property  has  been  erroneously  assessed,  how  can  he 

obtain  relief?  • 


CHAPTER  XII 

THE  GOVERNMENT  OF   VIRGINIA   IN  OUTLINE 

Virginia,  the  First  Constitutional  Government  in 
America.  —  A  government  carried  on  under  a  constitu- 
tion is  called  a  constitutional  government.  To  Virginia 
belongs  the  honor  of  being  the  first  constitutional  gov- 
ernment in  America.  On  June  29,  1776,  before  the 
Declaration  of  Independence  was  made,  she  declared 
herself  to  be  an  independent  commonwealth,  and 
adopted  a  constitution.  The  famous  Bill  of  Rights, 
contained  in  this  early  constitution,  may  well  be  called 
the  Magna  Charta  of  American  liberties.  This  consti- 
tution was  revised  in  1829,  in  1850,  and  in  1869;  but 
with  the  exception  of  the  abolition  of  slavery,  changes 
in  regard  to  the  right  of  suffrage,  and  in  the  method  of 
electing  governors  and  other  officers,  it  remains  sub- 
stantially the  same  as  in  1776.  The  constitution  con- 
tains a  preamble,  twelve  articles,  and  a  schedule. 

Preamble.  —  The  preamble  gives  an  account  of  the 
oppressive  acts  of  George  the  Third,  which  led  to  the 
formation  of  the  government  of  Virginia,  of  the  con- 
ventions that  revised  the  constitution  in  1829  and  in 
1850;  and  states  the  reasons,  growing  out  of  the  Civil 
War,  which  led  to  the  remodeling  of  the  constitution 
in  1869. 

Article  I.  —  This  article,  consisting  of  twenty-one  sec- 
tions, makes  a  formal  declaration  of  rights,  belonging 

99 


lOO        THE  GOVERNMENT  OF  VIRGINIA  IN  OUTLINE 

to  the  people  of  Virginia  and  to  their  posterity,  upon 
which  the  government  is  based.  From  it  are  taken 
the  following  extracts,  which  express  so  well  the  foun- 
dation of  republican  freedom  that  nothing  can  be  added 
to  them. 

"  All  men  are  by  nature  equally  free  and  independ- 
ent, and  have  certain  inherent  rights,  of  which  when 
they  enter  into  a  state  of  society  they  cannot  by  any 
compact  deprive  or  divest  their  posterity,  —  namely,  the 
enjoyment  of  life  and  liberty,  with  the  means  of  acquir- 
ing and  possessing  property,  and  pursuing  and  obtain- 
ing happiness  and  safety."  "  All  power  is  vested  in, 
and  consequently  derived  from,  the  people."  "  No  man 
or  set  of  men  are  entitled  to  exclusive  or  separate  emolu- 
ments or  privileges  from  the  community  but  in  consid- 
eration of  public  services,  which,  not  being  descendible, 
neither  ought  the  offices  of  magistrate,  legislator,  or 
judge  to  be  hereditary."  **  The  freedom  of  the  press 
is  one  of  the  great  bulwarks  of  liberty,  and  can  never 
be  restrained  but  by  despotic  governments,  and  any  citi- 
zen may  speak,  write,  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  liberty." 
"  No  free  government  or  the  blessings  of  liberty  can  be 
preserved  to  any  people  but  by  a  firm  adherence  to 
justice,  moderation,  temperance,  and  virtue,  and  by  a 
frequent  recurrence  to  fundamental  principles."  "  Re- 
ligion or  the  duty  which  we  owe  to  our  Creator,  and  the 
manner  of  discharging  it,  can  be  directed  only  by  rea- 
son and  conviction,  not  by  force  or  violence ;  and,  there- 
fore, all  men  are  equally  entitled  to  the  free  exercise  of 
religion  according  to  the  dictates  of  conscience." 


THE  CONSTITUTION  101 

Article  II.  —  This  article  has  but  one  section,  which 
directs  that  the  government  shall  be  divided  into  three 
departments, — the  legislative,  the  executive,  and  the 
judicial,  —  and  that  these  shall  be  kept  separate. 

Article  III. — This  article  contains  five  sections,  which 
treat  of  the  qualifications  citizens  must  possess  in  order 
to  be  entitled  to  exercise  the  right  of  suffrage,  and  of 
qualifications  for  office.  It  gives  also  the  oath  all 
officers  must  take  before  entering  upon  their  duties. 

Article  IV.  —  This  article  comprises  seventeen  sec- 
tions, which  are  on  the  executive  department.  It  de- 
clares that  the  chief  executive  authority  shall  be  vested 
in  a  governor,  and  that  the  other  executive  officers  shall 
be  a  lieutenant  governor,  a  secretary  of  the  common- 
wealth, a  treasurer,  and  an  auditor.  It  further  tells  how 
these  officers  are  to  be  elected,  and  defines  their  duties 
in  a  general  way.  It  also  gives  the  General  Assembly 
power  to  establish  a  Bureau  of  Agriculture  and  Immi- 
gration. 

Article  V.  —  This  article  has  twenty-four  sections. 
It  describes  the  legislative  department  of  the  govern- 
ment, declaring  that  it  "  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House 
of  Delegates."  It  then  gives  the  requisite  qualifications 
of  senators  and  delegates,  and  defines  the  powers  and 
duties  of  the  General  Assembly. 

Article  VI.  —  This  article  consists  of  twenty-six  sec- 
tions. It  treats  of  the  judicial  department  of  the  gov- 
ernment, which  it  vests  in  a  supreme  court  of  appeals, 
circuit  courts,  and  county  courts.  It  then  makes  pro- 
vision for  the  government  of  cities,  enumerating  their 


102        THE  GOVERNMENT  OF  VIRGINIA  IN  OUTLINE 

officers,  and  giving  the  method  by  which  they  are  to  be 
elected. 

Article  VII.  —  This  Article  has  five  sections,  and  it 
gives  the  county  organizations,  telling  what  officers  are 
to  administer  county  affairs,  and  explaining  the  method 
by  which  they  are  to  be  elected. 

Articles  VIII, , IX,  and  X.— Article  VIII  has  twelve 
sections.  It  deals  with  the  subject  of  education,  and 
makes  provision  for  the  introduction  and  support  of  the 
public  free  school  system.  Article  IX  treats  of  the 
militia,  and  Article  X  of  taxation  and  finance. 

Article  XI. — This  article  has  nine  sections,  and  it  is 
devoted  to  miscellaneous  subjects.  It  provides  that 
every  householder  or  head  of  a  family  can  hold  a  home- 
stead valued  at  two  thousand  dollars  free  from  seizure 
on  account  of  any  debts,  except  those  for  the  purchase 
price  of  the  property,  for  the  services  of  a  laboring  man 
or  a  mechanic,  for  taxes,  for  the  legal  or  taxable  fees  of 
a  public  officer,  for  liabilities  incurred  as  a  public  officer, 
as  an  officer  of  a  court,  or  as  a  fiduciary,  and  for  rent  for 
the  property  or  for  mortgages  on  it.  It  also  declares 
that  the  rights  of  ecclesiastical  bodies  to  church  prop- 
erty conveyed  to  them  by  regular  deed  of  conveyance 
shall  not  be  affected  by  the  Civil  War,  and  guarantees 
to  the  children  of  former  slaves  the  right  to  inherit 
property  from  their  fathers. 

Article  XII.  —  This  article  which  has  but  two  sec- 
tions tells  how  future  "changes  can  be  made  in  the 
constitution. 

I.  For  amendments,  the  following  method  is  adopted  : 
Any  amendment   to  the  constitution  may  be  proposed 


THE  CONSTITUTION  IO3 

in  the  Senate  and  House  of  Delegates,  and  if  agreed 
to  by  a  majority  of  the  members  elected  to  each  house, 
it  is  to  be  referred  to  the  General  Assembly,  to  be 
chosen  at  the  next  general  election  of  senators  and 
members  of  the  House  of  Delegates.  Before  this  elec- 
tion, the  proposed  amendment  must  be  published  for 
three  months.  If  agreed  to  by  a  majority  of  all  the 
members  elected  to  the  General  Assembly  to  which  it 
is  referred,  it  is  submitted  after  this  to  the  people,  and, 
if  ratified  by  them,  it  becomes  a  part  of  the  constitu- 
tion. 

2.  For  its  own  revision,  the  Constitution  provides 
that  at  the  general  election  to  be  held  in  the  year  1888, 
and  in  each  twentieth  year  thereafter,  and  also  at  such 
time  as  the  General  Assembly  may  by  law  provide,  the 
question  "  Shall  there  be  a  convention  to  revise  the 
constitution  and  amend  the  same } "  shall  be  decided 
by  the  voters  of  the  state,  and  that,  if  the  people  vote 
in  favor  of  a  convention,  the  General  Assembly  shall  at 
its  next  session  provide  by  law  for  the  election  of  dele- 
gates to  such  convention.  On  March  4,  1896,  the 
General  Assembly,  in  response  to  a  desire  expressed  by 
a  portion  of  the  people  for  a  new  constitution,  passed 
an  act  to  submit  the  question  of  the  calling  of  a  conven- 
tion to  the  voters  of  the  state  on  the  fourth  Thursday 
in  May,  1897.  -  This  was  accordingly  done,  but  the 
people  decided  against  the  calling  of  a  convention. 

The  Schedule.  —  This  contains  provisions  that  were 
designed  to  carry  the  constitution  into  complete  opera- 
tion, and  to  prevent  any  inconvenience  arising  from 
changes  that  had  been  made. 


104        THE  GOVERNMENT  OF  VIRGINIA  IN  OUTLINE 


QUESTIONS 

1 .  What  is  a  constitutional  government  ? 

2.  What  honor  belongs  to  Virginia? 

3.  At  what  time  did  she  declare  herself  to  be  an  independent  com- 

monwealth ? 

4.  What  may  her  Bill  of  Rights  be  called? 

5.  How  many  times  has  Virginia's  constitution  been  revised,  and 

what  changes  have  been  introduced  ? 

6.  What  does  the  introduction  contain? 

7.  What  declaration  is  made  in  the  first  part  of  the  constitution? 

8.  Mention  some  of  the  rights  upon  which  repubhcan  freedom  is 

founded. 

9.  Into  what  three  departments  does  the  constitution  require  the 

government  to  be  divided? 

10.  What  qualifications  must  a  citizen  possess  in  order  to  exercise 

the  right  of  suffrage? 

11.  In  what  officers  is  the  executive  power  chiefly  vested? 

12.  In  what  is  the  legislative  department  vested? 

13.  What  courts  compose  the  judicial  department? 

14.  Does  the  constitution  provide  for  county  organization? 

15.  Does  it  make  provisions  for  the  public  school  system? 

16.  What  property  is  every  householder  allowed  to  retain  free  from 

seizure  for  debt  ? 

17.  What  rights  are  guaranteed  by  the  constitution  to  ecclesiastical 

bodies,  and  what  to  the  children  of  former  slaves? 

18.  How  can  amendments  to  the  constitution  be  made? 

19.  What  is  meant  by  the  schedule  of  the  constitution? 


CHAPTER   XIII 

RELATIONS  OF  THE   STATE  AND  THE  NATION 

The  State  and  the  Nation.  —  Each  state  is  independ- 
ent in  its  own  sphere  of  action,  but  is  subordinate  to 
the  national  government.  The  supreme  law  for  Ihe 
whole  country  is  to  be  found  in  the  Constitution,  in 
the  laws,  and  in  the  treaties  of  the  United  States.  No 
state  has  power  to  annul  these.  The  Civil  War  settled 
the  much-disputed  question  of  the  relations  of  the  state 
and  the  nation,  and  the  decision  was  in  favor  of  the 
supremacy  of  the  nation.  The  present  state  consti- 
tution, ratified  by  the  people  in  1869,  declares  that 
Virginia  "shall  ever  remain  a  member  of  the  United 
States  of  America,  and  that  the  people  thereof  are  a 
part  of  the  American  nation,  and  that  all  attempts  from 
whatever  source  or  upon  whatever  pretext,  to  dissolve 
said  union  or  to  sever  said  nation,  are  unauthorized 
and  ought  to  be  resisted  with  the  whole  power  of 
the  state." 

Each  State  takes  Part  in  the  National  Government.  — 
Each  state,  as  a  constituent  member  of  the  Union,  takes 
part  in  carrying  on  the  national  government.  The 
people  of  each  elect  members  to  the  national  House  of 
Representatives,  the  legislature  of  each  elects  national 
senators,  and  each  state  appoints  its  share  of  the 
electors  of  the  president  and  vice  president. 

105 


I06       RELATIONS   OF  THE   STATE   AND  THE  NATION 

The  National  House  of  Representatives.  —  Represent- 
atives of  the  national  House  are  apportioned  by  Con- 
gress among  the  states  in  proportion  to  population, 
once  in  ten  years,  and  for  their  election  the  law  directs 
that  each  state  shall  be  divided  into  districts,  contiguous 
in  territory,  and  as  nearly  equal  in  inhabitants  as  possi- 
ble. The  boundaries  of  these  districts  are  fixed  by  the 
state  legislature,  and  each  district  chooses  one  repre- 
sentative. The  last  apportionment  of  representatives 
was  made  in  1890,  and  it  gave  Virginia  ten.  Elections 
of  representatives  are  held  every  two  years  in  all  the 
states  on  Tuesday  after  the  first  Monday  in  November, 
these  elections  occurring  in  1896,  1898,  etc.  If  a 
vacancy  occurs  in  the  office  of  representative,  a 
special  election  is  ordered  by  the  governor  to  fill  it. 

United  States  Senators.  —  In  the  Senate  of  the  United 
States,  all  the  states  are  equal  in  power.  Each  is  en- 
titled to  two  members,  who  are  elected  by  the  legislature 
and  serve  for  a  term  of  six  years. 

Presidential  Electors*  —  The  president  and  vice  presi- 
dent are  elected  by  electors  chosen  by  the  states.  Each 
state  has  as  many  of  these  as  it  has  senators  and  repre- 
sentatives in  Congress,  and  so  Virginia  is  entitled  to 
twelve.  The  method  of  selecting  presidential  electors 
is  fixed  by  each  state,  but  at  the  present  time  they  are 
chosen  in  all  the  states  by  popular  vote.  By  a  law  of 
Congress  all  presidential  electors  are  appointed  on  Tues- 
day after  the  first  Monday  in  November,  the  elections 
occurring  at  intervals  of  four  years,  1896,  1900,  etc. 

Method  of  holding  National  Elections.  —  National  elec- 
tions are  conducted  by  the  state  officers,  and  upon  the 


POWERS   OF  GOVERNMENT  DELEGATED  I07 

same  method  as  the  state  prescribes  for  holding  its 
own  elections.  The  qualifications  of  voters  are  also  the 
same  as  those  prescribed  for  state  elections. 

The  State  Militia.  —  The  Constitution  of  the  United 
States  gives  Congress  authority  to  organize,  arm,  and 
discipline  the  state  militia,  and  to  direct  its  movements 
when  employed  in  the  national  service  for  executing  the 
laws  of  the  Union,  for  suppressing  insurrections,  and 
for  repelling  invasion. 

Reciprocal  Duties  of  the  State  and  the  Nation.  —  The 
state  and  the  nation  should  faithfully  discharge  the 
duties  that  one  owes  to  the  other."  The  state  should 
elect  senators,  representatives,  and  presidential  electors, 
and  cordially  cooperate  with  the  nation  in  all  efforts 
made  to  secure  good  government.  The  nation  should, 
on  its  part,  give  to  all  the  states  alike  adequate  protec- 
tion. The  Constitution  of  the  United  States  requires 
the  nation  to  guarantee  to  every  state  in  the  Union  a 
republican  form  of  government,  and  to  protect  each  one 
of  them  against  invasion  and  against  domestic  violence 
also,  when  called  on  by  the  state  authorities  to  do  so. 

Powers  of  Government  delegated.  —  The  states,  in 
forming  the  nation,  delegated  some  powers  to  the  na- 
tional government,  the  chief  ones  being  the  powers  to 
coin  money,  to  carry  on  a  mail  service,  to  make  tariff 
laws,  to  grant  patents  and  copyrights,  to  declare  war, 
and  to  support  a  navy.  Such  powers  as  these  belong 
to  the  national  government. 


Io8        RELATIONS  OF  THE  STATE  AND  THE  NATION 


QUESTIONS 

1 .  In  what  sphere  is  a  state  independent,  and  to  what  is  it  sub- 

ordinate ? 

2.  What  disputed  question  did  the  Civil  War  settle,  and  what  was 

the  decision  reached  ? 

3.  What  does  the  present  constitution  of  Virginia  declare  in  regard 

to  the  state  ? 

4.  How  do  the  people  in  each  state  take  part  in  the  national 

government? 

5.  In  what  way  are  members  of  the  national  House  of  Representa- 

tives-apportioned  among  the  states? 

6.  What  does  the  law  direct  in  regard  to  districts  ? 

7.  How  are  the  boundaries  of  districts  fixed,  and  how  many  repre- 

sentatives are  chosen  from  each  district? 

8.  How  many  representatives  has  Virginia,  and  when  are  they 

elected  ? 

9.  How  many  members  is  each  state  entitled  to  have  in  the  United 

States  Senate? 

10.  How  are  the  president  and  the  vice  president  elected? 

11.  How  many  presidential  electors  has  each  state? 

12.  What  is  the  method  of  electing  the  presidential  electors? 

13.  At  what  time  do  these  elections  occur,  and  at  what  intervals? 

14.  What  is  the  method  of  holding  national  elections? 

15.  What  authority  has  Congress  in  regard  to  the  state  militia? 

16.  What  are  the  reciprocal  duties  of  the  state  and  of  the  nation? 

17.  What  powers  are  delegated  by  the  states  to  the  nation  ? 


APPENDIX 


GOVERNMENT  OF  STATE   INSTITUTIONS. 

Virginia  is  well  supplied  with  educational,  humane,  and  penal 
institutions,  as  the  following  list  will  show  :  — 

The  University  of  Virginia,  Charlottesville. — Governing  author- 
ity, a  board  of  nine  visitors,  appointed  by  the  governor  with  the  con- 
sent of  the  Senate ;  they  hold  office  for  four  years,  but  do  not  all 
go  out  at  the  same  time.     They  elect  one  of  their  number  rector. 

The  Virginia  Military  Institute,  Lexington.  —  Governing  author- 
ity, a  board  of  eleven  visitors,  nine  of  whom  are  appointed  by  the 
governor  subject  to  confirmation  by  the  Senate ;  they  hold  office  for 
three  years,  but  do  not  all  go  out  at  the  same  time.  The  adjutant 
general  and  the  superintendent  of  public  instruction  are  the  other 
members  of  the  board. 

Virginia  Polytechnic  Institute.  —  Governing  authority,  a  board 
of  nine  visitors,  eight  of  whom  are  appointed  by  the  governor  with 
the  advice  and  consent  of  the  Senate  ;  they  hold  office  for  four  years, 
but  do  not  all  go  out  at  the  same  time.  The  superintendent  of  pub- 
lic instruction  is  ex  officio  a  member  of  the  board,  making  the  ninth. 

College  of  William  and  Mary  and  State  Normal  School,  Williams- 
burg. —  Governing  authority,  ten  visitors  provided  for  in  the  charter 
of  William  and  Mary  College,  who  fill  all  vacancies  in  their  num- 
ber, and  ten  additional  and  associate  visitors  appointed  by  the  gov- 
ernor, who  fill  any  vacancies  among  the  associate  visitors.  The  ten 
visitors  and  the  ten  associate  visitors  constitute  the  board  of  visitors. 

The  State  Female  Normal  School,  Farmville.  —  Governing  author- 
ity, a  board  of  fourteen  visitors.  The  superintendent  of  pubhc 
instruction  is  ex  officio  a.  member  of  the  board.  Vacancies  in  the 
board  are  filled  by  the  governor. 

The  Institution  for  the  Deaf  and  Dumb  and  Blind,  Slaunton. — 
Governing  authority,  a  board  of  nine  directors  appointed  by  thq 

109 


I  lo  APPENDIX 

governor  subject  to  confirmation  by  the  Senate ;  they  hold  office 
for  three  years,  but  do  not  all  go  out  at  one  time. 

The  Miller  Manual  Labor  School  of  Albemarle.  —  The  governor, 
the  attorney  general,  the  superintendent  of  public  instruction,  and 
the  second  auditor  constitute  the  board  of  trust  of  the  Miller  Fund, 
which  endows  the  school.  The  school  is  managed  and  controlled 
through  the  agency  of  the  county  court  of  Albemarle. 

The  Hampton  Normal  and  Agricultural  Institute.  —  Governing 
authority,  a  board  of  trustees,  never  less  than  nine  nor  more  than 
seventeen.  The  board  fills  its  own  vacancies.  This  school  is  for 
the  benefit  of  colored  persons  and  Indians  of  both  sexes. 

The  Virginia  Normal  and  Collegiate  Institute,  Petersburg.  —  Gov- 
erning authority,  nine  visitors,  eight  of  whom  are  appointed  by  the 
governor  with  the  consent  of  the  Senate ;  they  hold  office  for  four 
years.  The  superintendent  of  public  instruction  is  ex  officio  a  mem- 
ber of  the  board,  making  the  tenth.  This  institution  is  designed  for 
the  higher  education  of  colored  youth. 

Humane  Institutions.  —  Virginia  has  four  institutions  where  pa- 
tients suffering  from  mental  derangement  are  cared  for  and  skillfully 
treated :  the  Western  State  Hospital,  Staunton ;  the  Eastern  State 
Hospital,  Williamsburg ;  the  Southwestern  State  Hospital,  Marion ; 
and  the  Central  State  Hospital,  Petersburg  (for  colored  patients). 
The  governing  authority  of  each  of  these  is  a  board  of  nine  directors, 
appointed  by  the  governor  with  the  advice  and  consent  of  the  Senate  ; 
they  hold  office  for  three  years,  but  do  not  all  go  out  at  once. 

Almshouses.  —  Every  county  and  corporation  is  required  to  make 
provision  for  the  needy.  The  county  poorhouse  is  generally  on  a 
farm  furnished  by  the  county. 

Penal  Institutions.  —  The  penitentiary  at  Richmond  is  under  the 
care  of  a  superintendent  and  a  board  of  directors.  The  superin- 
tendent is  elected  by  the  legislature,  and  the  directors  are  appointed 
by  the  governor.  Every  county  has  a  jail,  and  so  have  all  cities  and 
large  towns.  The  county  jails  are  under  the  control  of  the  sheriffs, 
and  those  in  cities  and  towns  under  the  care  of  sergeants. 

The  Laurel  Industrial  School.  —  This  institution  was  opened  in 
1890  by  the  Prison  Association  of  Virginia.  Insubordinate  and  bad 
white  boys  are  received  at  this  school,  and  are  thus  saved  from  the 
degradation  of  prison  life.  The  purpose  of  the  school  is  to  reform 
and  educate  those  committed  to  its  care,  and  to  help  them  to  become 
intelligent,  honest,  and  industrious  citizens  of  the  commonwealth. 


JUDICIAL   CIRCUITS 

Virginia  is  divided  into  seventeen  judicial  circuits,  as  follows :  — 

First  Ciraut.  —  The  counties  of  Norfolk,  Princess  Anne,  Nanse- 
mond,  Isle  of  Wight,  Southampton,  and  the  cities  of  Norfolk 
and  Portsmouth. 

Second  Circuit.  —  The  counties  of  Brunswick,  Chesterfield,  Din- 
widdie,  Greenesville,  Nottoway,  Prince  George,  Sussex,  Surry, 
and  the  city  of  Petersburg. 

Third  Circuit.  —  The  counties  of  Amelia,  Buckingham,  Charlotte, 
Cumberland,  Lunenburg,  Mecklenburg,  Powhatan,  Prince  Ed- 
ward, and  Appomattox. 

Fourth  Circuit.  —  The  city  of  Danville  and  the  counties  of  Franklin, 
Halifax,  Henry,  Patrick,  Pittsylvania,  Campbell,  and  city  of 
Lynchburg. 

Sixth  Circuit.  ^  —  The  counties  of  Albemarle,  Culpeper,  Gooch- 
land, Fluvanna,  Madison,  Orange,  Greene,  Amherst,  and 
Nelson. 

Seventh  Circuit.  —  The  county  of  Henrico  and  the  city  of  Rich- 
mond. 

Eighth  Circuit.  —  The  counties  of  Accomac,  Northampton,  York, 
Elizabeth  City,  Warwick,  James  City,  New  Kent,  Charles  City, 
and  the  cities  of  Williamsburg  and  Newport  News. 

Ninth  Circuit.  —  The  counties  of  Essex,  King  William,  King  and 
Queen,  Northumberland,  Lancaster,  Gloucester,  Mathews,  and 
Middlesex. 

Tenth  Circuit.  —  The  counties  of  Caroline,  Hanover,  King  George, 
Louisa,  Richmond,  Spottsylvania,  Stafford,  Westmoreland,  and 
the  city  of  Fredericksburg. 

Eleventh  Circuit.  —  The  counties  of  Alexandria,  Fairfax,  Fauquier, 
Loundoun,  Prince  William,  Rappahannock,  and  the  city  of  Alex- 
andria. 

Twelfth  Circuit. — The  counties  of  Clarke,  Warren,  Frederick, 
Shenandoah,  and  Page. 

Thirteenth  Circuit.  —  The  counties  of  Augusta,  Rockbridge,  Rock- 
ingham, Bath,  Highland,  and  Alleghany. 

1  The  Fifth  Judicial  Circuit  was  abolished  by  act  of  the  Legislature, 
February  5,  1896. 

Ill 


112  APPENDIX 

Fourteenth  Circuit.  —  The  counties  of  Botetourt,  Roanoke,  Craig, 
Montgomery,  and  Floyd. 

Fifteenth  Circuit.  —  The  counties  of  Wythe,  Pulaski,  Giles,  Carroll, 
Bland,  and  Tazewell. 

Sixteenth  Circuit.  —  The  counties  of  Washington,  Smyth,  Grayson, 
and  Russell. 

Seventeenth  Circuit.  —  The  counties  of  Scott,  Lee,  Wise,  Dickenson, 
and  Buchanan. 

Eighteenth  Circuit.  —  The  county  of  Bedford  and  the  city  of  Roa- 
noke. 


TJ-N'IVERSTTT 


COLONIAL  GOVERNORS 


FROM   SETTLEMENT  OF  VIRGINIA  TILL  REVOLUTION 


I. 

1607. 

Edward  Maria  Wing- 
field  (Pres.). 

25- 

1677. 

Herbert    Jeffries    (Lt. 
Gov.). 

2. 

1607. 

John  Ratcliffe  (Pres.)- 

26. 

1677. 

Herbert  Jeffries. 

3- 

1608. 

John  Smith  (Pres.). 

27. 

1678. 

Henry  Chicheley. 

4- 

1609. 

George  Percy  (Pres.). 

28. 

1678. 

Thomas,     Lord     Cul- 

5- 

1609. 

Thomas    West,    Lord 

peper. 

Delaware. 

29. 

1680. 

Henry  Chicheley  (Lt. 

6. 

1611. 

Thomas    Dale    (High 

Gov.). 

Marshal). 

30- 

1684. 

Lord   Howard  of  Ef- 

7- 

1616. 

George  Yeardley  (Lt. 

fingham.               ,,4&, 

Gov.). 

31. 

1689. 

Nathaniel  Bacon  (Lt. 

8. 

1617. 

Samuel     Argall     (Lt. 

Gov.) . 

Gov.). 

32. 

1690. 

Francis  Nicholson, 

9- 

1619. 

George  Yeardley. 

33- 

1692. 

Edmund  Andros. 

10. 

1621. 

Francis  Wyatt. 

34. 

1698. 

Francis  Nicholson. 

II. 

1626. 

George  Yeardley. 

35- 

1704. 

Earl  of  Orkney. 

12. 

1627. 

Francis  West. 

36. 

1705. 

Edward      Nott      (Lt. 

13- 

1628. 

John  Potts. 

Gov.). 

14. 

1629. 

John  Harvey. 

37- 

1706. 

Edmund  Jennings 

15- 

1635. 

John  West. 

(Lt.Gov.). 

16. 

1635. 

John  Harvey. 

38. 

1710. 

Robert     Hunter    (Lt. 

17- 

1639. 

Francis  Wyatt. 

Gov.). 

18. 

1 641. 

William  Berkeley. 

39- 

1710. 

Alexander  Spotswood 

19. 

1645. 

Richard     Kemp    (Lt. 

(Lt.  Gov.). 

Gov.). 

40. 

1722. 

Hugh    Drysdale    (Lt. 

20. 

1645. 

William  Berkeley. 

Gov.). 

21. 

1652. 

Richard  Bennet. 

41. 

1726. 

Robert     Carter     (Lt. 

22. 

1656. 

Edward  Diggs. 

Gov.). 

23- 

1658. 

Samuel  Matthews. 

42. 

1727. 

William    Gooch    (Lt. 

24. 

1660. 

William  Berkeley. 

Gov.). 

CIV.  GOV'T  OF  VA.  —  8                    .1 

13 

114  APPENDIX 


43.  1749.    John    Robinson,     Sr. 

(Lt.  Gov.). 

44.  1749.     Lord  Albemarle. 

45.  1750.     Louis     Burwell     (Lt. 

Gov.). 

46.  1752.    Robert  Dinwiddie 

(Lt.  Gov.). 

47.  1758.    John  Blair  (Lt.  Gov.). 


48.  1758.     Francis  Fauquier. 

49.  1768.     John  Blair  (Lt.  Gov.). 

50.  1768.     Norborne  Berkeley  de 

Botetourt. 

51.  1770.     William   Nelson    (Lt. 

Gov.). 

52.  1772.    John,  Lord  Dunmore. 


GOVERNORS  OF  VIRGINIA   FROM    1776 

1.  Patrick  Henry,  elected   1776,  Patriot  or  Whig.     Born,  Hanover 

County,  April  2,  1736.     Died,  Charlotte  County,  June  6,  1799, 
aged  63. 

2.  Thomas  Jefferson,  elected  1 779,  Patriot  or  Whig.     Born,  Albemarle 

County.     Died  July  4,  1826.     Aged  83. 

3.  Thomas  Nelson,  elected  1781,  Patriot  or  Whig.     Born,  Yorktown, 

December  26,  1738.     Died,  Hanover  County,  January  4,  1789, 
aged  51. 

4.  Benjamin  Harrison,  elected  1781,  Patriot  or  Whig.    Born  at  Charles 

City  County, ,  1740.     Died,  Charles  City  County, ,  1791, 

aged  5 1 . 

5.  Patrick  Henry,  elected   1784,  Patriot  or  Whig.     Born,  Hanover 

County,  April  2,  1736.     Died,  Charlotte  County,  June  6,  1799, 
aged  63. 

6.  Edmund  Randolph,  elected  1786,  Patriot  or  Whig.     Born,  Williams- 

burg, August   10,  1753.     Died,  Clarke  County,  September  13, 
1813,  aged  59. 

7.  Beverly  Randolph,  elected  1788,  Patriot  or  Whig.     Born,  Henrico 

County,   ,    1754.     Died,   Cumberland  County, ,    1797, 

aged  63. 

8.  Henry    Lee,    elected    1791,    Republican.       Born,    Westmoreland 

County,  January  29,    1756.      Died,   Cumberland    Island,    Ga., 
March  25,  1818,  aged  64. 

9.  Robert  Brooke,  elected  1794,  Republican.      Born,  Spottsylvania 

County, ,  1761.     Died,  Richmond, ,  1799,  aged  37. 


GOVERNORS  OF  VIRGINIA  US 

10.  James  Wood,  elected  1796,  Republican.     Born,  Frederick  County, 

,  1750.     Died,  Richmond,  July  16,  1813,  aged  63. 

11.  James   Monroe,  elected   1799,  Republican.     Born,  Westmoreland 

County,  April  28,  1758.     Died,  New  York,  N.  Y.,  July  4,  1831, 
aged  73. 

12.  John  Page,  elected  1802,  Republican.     Born,  Gloucester  County, 

April  17,  1744.     Died,  Richmond,  Octaber  11,  1808,  aged  64. 

13.  William  H.  Cabell,  elected  1805,  Republican.     Born,  Cumberland 

County,  December  16,  1772.     Died,  Richmond,  June  17,  1853, 
aged  81. 

14.  John  Tyler,  elected  1808,  Republican.     Born,  Williamsburg, , 

1748.     Died,  Charles  City  County,  January  6,  18 13,  aged  65. 

15.  James  Monroe,  elected  1811.     Born,  Westmoreland  County,  April 

28,  1758.     Died,  New  York  City,  July  4,  1831,  aged  73. 

16.  George  W.  Smith,  elected  1811,  Republican.     Born,  Essex  County, 

,  1762.     Died,  Richmond,  December  26,  181 1,  aged  49. 

17.  James  Barbour,  elected  1812,  Republican.     Born,  Orange  County, 

June  10,  1775.     Died,  Orange  County,  June  8,  1842,  aged  67. 

18.  Wilson  C.  Nicholas,   elected    1814,   Republican.     Born,   Hanover 

County, ,  1757.     Died,  Milton,  October  10,  1820,  aged  63. 

19.  James  P.  Preston,  elected  1816,  Republican.     Born,  Montgomery 

County, ,  1774.     Died,  Isle  of  Wight  County,  May  4,  1843, 

aged  69. 

20.  Thomas  M.  Randolph,  elected  18 19,  Republican.     Born,  Tuckahoe, 

October  i,  1768.     Died,  Charlottesville,  June  20,  1828,  aged  60. 

21.  James  Pleasants,   elected    1822,    Republican.      Born,   Goochland 

County,  October  24,  1769.     Died,  Goochland  County,  November 
9,  1839,  aged  70. 

22.  John  Tyler,  elected  1825,  Republican.     Born,  Charles  City  County, 

March  29,  1790.     Died,  Richmond,  January  18,  1862,  aged  72. 

23.  William  B.  Giles,  elected    1827,    State-Rights   Democrat.     Born, 

Amelia   County,   August  12,   1762.      Died,  Albemarle   County, 
December  4,  1830,  aged  68. 

24.  John  Floyd,  elected  1830,  State-Rights  Democrat.     Born,  Jeffer- 

son County,  Ky.,  April  24,  1783.     Died,  Sweet  Springs,  August 
16,  1837,  aged  54. 

25.  L.  W.  Tazewell,  elected   1834,  State-Rights  Whig.     Born,  Wil- 

liamsburg, December  17,  1774.     Died,  Norfolk,  March  6,  i860, 
aged  86. 


Il6  APPENDIX 

26.  Wyndham  Robertson,   elected    1836,   State-Rights  Whig.     Born, 

Manchester,  January  26,  1803.     Died,  Washington  County,  Feb- 
ruary II,  1888,  aged  87. 

27.  David   Campbell,   elected    1837,   Democrat.      Born,  Washington 

County,  August   2,    1779.      Died,  Abingdon,  March   19,   1859, 
aged  80. 

28.  Thomas    W.   Gilmer,   elected    1840,   State-Rights   Whig.      Born, 

Albemarle  County,  April  6,  1802.     Died,  Richmond,  February 
28,  1844,  aged  42. 

29.  John  M.  Patton,  elected  1841,  State-Rights  Whig.     Born,  Freder- 

icksburg, August  10,  1797.     Died,  Richmond,  October  28,  1858, 
aged  61. 

30.  John  Rutherford,  elected  1841,  State-Rights  Whig.     Born,  Rich- 

mond city,  December  6,  1792.     Died,  Richmond,  July  — ,  1866, 
aged  74. 

31.  John  M.  Gregory,  elected  1842,  State-Rights  Whig.    Born,  Charles 

City  County,   July   8,  1804.     Died,  Richmond,  April  9,  1884, 
aged  88. 

32.  James    McDowell,   elected    1843,   Democrat.      Born,   Rockbridge 

County,  October  12,  1796.     Died,  Rockbridge  County,  August 
24,  1851,  aged35. 

33.  William  Smith,   elected    1846,   State-Rights    Democrat.       Born, 

King  George  County,  September  6,  1796.      Died,  Warrenton, 
May  18,  1887,  aged  91. 

34.  John   B.    Floyd,    elected    1849,    State-Rights    Democrat.      Born, 

Blacksburg,  June  i,  1807.     Died,  Abingdon,  August  26,  1863, 
aged  56. 

35.  Joseph   Johnson,   elected    1852,    State-Rights    Democrat.      Born, 

Orange  County,  N.  Y.,  December  19,  1785.     Died,  Bridgeport, 
W.  Va.,  February  27,  1877,  aged  92. 

36.  Henry   A.   Wise,   elected    1856,   State-Rights    Democrat.      Born, 

Accomac  County,  December  3,  1806.     Died,  Richmond,  Septem- 
ber 12,  1876,  aged  70. 

37.  John  Letcher,  elected  i860,  State-Rights  Democrat.     Born,  Lex- 

ington, March  29,   1813.     Died,  Lexington,  January  26,   1884, 
aged  71, 

38.  William    Smith,   elected    1864,    State-Rights    Democrat.      Born, 

King  George  County,  September  6, 1796.    Died,  Warrenton,  May 
18,  1887,  aged  91. 


THE  VIRGINIA   RESOLVES  11/ 

39.  Francis  H.  Pierpont,  appointed  1865,  Republican.     Born,  Monon- 

galia County,  West  Va.,  January  25,  1814. 

40.  Henry  H.  Wells,  appointed  1868,  Republican.      Born,  Rochester, 

N.Y.,  September  17,  1823. 

41.  Gilbert  C.  Walker,  elected  1869,  Republican.     Born,  Binghamton, 

N.  Y.,  August  I,  1832.     Died,  Binghamton,  N.  ¥.,  May  11, 1885, 
aged  53. 

42.  James   L.  Kemper,  elected    1873,  Conservative.      Born,  Madison 

County,  June  11,  1823. 

43.  F.  W.  M.  HoUiday,  elected  1877,  Conservative.    Born,  Winchester, 

February  22,  1828. 

44.  William  E.  Cameron,  elected  1881,  Readjustee     Born,  Petersburg, 

November  29,  1842. 

45.  Fitzhugh  Lee,   elected    1885,   Democrat.     Born,  Fairfex  County, 

November  19,  1835. 

46.  Philip  W.  McKlnney,  elected  1889,  Democrat.     Born,  Buckingham 

County,  March  17,  1832. 

47.  Charles   T.  O'Ferrall,  elected   1893,  Democrat.     Born,  Frederick 

County,  Va.,  October  21,  1840. 

48.  J.  Hoge  Tyler,  elected  1897,  Democrat.      Born,   Caroline   County, 

Va.,  August  II,  1846. 


THE  VIRGINIA   RESOLVES,    1769 

RESOLVES  OF  THE  HOUSE  OF  BURGESSES,  PASSED  THE  16TH  OF 

MAY,   1769 

Resolved,  Nemine )  That  the  sole  right  of  imposing  taxes  on  the 
Contradkente,  \  inhabitants  of  this  His  Majesty's  Colony  and 
Dominion  of  Virginia  is  now,  and  ever  hath  been,  legally  and 
constitutionally  vested  in  the  House  of  Burgesses,  lawfully  con- 
vened, according  to  the  ancient  and  established  practice,  with  the 
consent  of  the  Council,  and  of  His  Majesty  the  King  of  Great 
Britain,  or  his  Governor  for  the  time  being. 


Il8  APPENDIX 

Resolved,  nemine  coniradicenie,  That  it  is  the  undoubted  privilege  of 
the  inhabitants  of  this  colony  to  petition  their  Sovereign  for  redress 
of  grievances ;  and  that  it  is  lawful  and  expedient  to  procure  the 
concurrence  of  His  Majesty's  other  colonies,  in  dutiful  addresses, 
praying  the  royal  interposition  in  favor  of  the  violated  rights  of 
America. 

Resolved,  neinine  contradicente^  That  all  trials  for  treason,  misprision 
of  treason,  or  for  any  felony  or  crime  whatsoever,  committed  and 
done  in  this  His  Majesty's  said  colony  and  dominion,  by  any  person 
or  persons  residing  therein,  ought  of  right  to  be  had,  and  conducted 
in  and  before  His  Majesty's  courts,  held  within  his  said  colony, 
according  to  the  fixed  and  known  course  of  proceeding ;  and  that 
the  seizing  any  person  or  persons  residing  in  the  colony,  suspected 
of  an^  crime  whatsoever,  committed  therein,  and  sending  such 
person  or  persons  to  places  beyond  the  sea  to  be  tried,  is  highly 
derogatory  of  the  rights  of  British  subjects,  as  thereby  the  inesti- 
mable privilege  of  being  tried  by  a  jury  from  the  vicinage,  as  well 
as  the  liberty  of  summoning  and  producing  witnesses  on  such  trial, 
will  be  taken  away  from  the  party  accused. 

Resolved,  nemine  contradicente^  That  an  humble,  dutiful  and  loyal  ad- 
dress be  presented  to  His  Majesty,  to  assure  him  of  our  inviolable 
attachment  to  his  sacred  person  and  government ;  and  to  beseech 
his  royal  interposition,  as  the  father  of  all  his  people,  however 
remote  from  the  seat  of  his  empire,  to  quiet  the  minds  of  his  loyal 
subjects  of  this  colony,  and  to  avert  from  them  those  dangers  and 
miseries  which  will  ensue,  from  the  seizing  and  carrying  beyond 
sea  any  person  residing  in  America,  suspected  of  any  crime  what- 
soever, to  be  tried  in  any  other  manner  than  by  the  ancient  and 
long-established  course  of  proceeding. 

(The  following  order  is  likewise  in  their  journal  of  that  date)  : 

Ordered,  That  the  speaker  of  this  House  do  transmit,  without  delay,  to 
the  speakers  of  the  several  houses  of  Assembly  on  this  continent, 
a  copy  of  the  resolutions  now  agreed  to  by  this  House,  requesting 
their  concurrence  therein. 


ORDINANCE   OF   SECESSION 

AN  ORDINANCE  TO  REPEAL  THE  RATIFICATION  OF  THE  CON- 
STITUTION OF  THE  UNITED  STATES  OF  AMERICA  BY  THE 
STATE  OF  VIRGINIA.  AND  TO  RESUME  ALL  THE  RIGHTS  AND 
POWERS   GRANTED   UNDER  SAID   CONSTITUTION 

The  people  of  Virginia^  in  their  ratification  of  the  Constitution  of  the 
United  States  of  America,  adopted  by  them  in  convention  on  the  25th 
day  of  June,  in  the  year  of  our  Lord  1788,  having  declared  that  the 
powers  granted  under  said  Constitution  were  derived  from  the  people 
of  the  United  States,  and  might  be  resumed  whensoever  the  same 
should  be  perverted  to  their  injury  and  oppression,  and  the  Federal 
Government  having  perverted  said  powers,  not  only  to  the  injury  of 
the  people  of  Virginia,  but  to  the  oppression  of  the  Southern  slave- 
holding  States : 

Now,  therefore,  we,  the  people  of  Virginia,  do  declare  and  ordain, 
That  the  ordinance  adopted  by  the  people  of  this  State  in  convention 
on  the  25th  of  June,  in  the  year  of  our  Lord  1788,  whereby  the  Con- 
stitution of  the  United  States  of  America  was  ratified,  and  all  acts  of 
the  General  Assembly  of  this  State  ratifying  or  adopting  amendments 
to  said  Constitution,  are  hereby  repealed  and  abrogated',  that  the 
union  between  the  State  of  Virginia  and  the  other  States  under  the 
Constitution  aforesaid  is  hereby  dissolved,  and  that  the  State  ot  Vir- 
ginia is  in  the  full  possession  and  exercise  of  all  the  rights  of  sovereignty 
which  belong  and  appertain  to  a  free  and  independent  State. 

And  they  do  further  declare.  That  the  said  Constitution  of  the  United 
States  of  America  is  no  longer  binding  on  any  of  the  citizens  of  this 
State. 

This  ordinance  shall  take  eflfect  and  be  an  act  of  this  day,  when  rati- 
fied by  a  majority  of  the  votes  of  the  people  of  this  State  cast  at  a  poll 
to  be  taken  thereon  on  the  fourth  Thursday  in  May  next,  in  pursuance 
of  a  schedule  hereafter  to  be  enacted. 

Done  in  Convention,  in  the  city  of  Richmond,  on  the  17th  day  of 

April,  in  the  year  of  our  Lord  1 861,  and  in  the  eighty-fifth  year  of  the 

Commonwealth  of  Virginia. 

119 


CONSTITUTION   OF  VIRGINIA 

PREAMBLE 

Whereas,  the  delegates  and  representatives  of  the  good  people  of 
Virginia,  in  convention  assembled,  on  the  twenty-ninth  day  of  June,  in 
the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy-six, 
reciting  and  declaring,  that  whereas  George  the  Third,  King  of  Great 
Britain  and  Ireland,  and  elector  of  Hanover,  before  that  time  entrusted 
with  the  exercise  of  the  kingly  office  in  the  government  of  Virginia, 
had  endeavored  to  pervert  the  same  into  a  detestable  and  insupportable 
tyranny,  by  putting  his  negative  on  laws  the  most  wholesome  and  neces- 
sary for  the  public  good ;  by  denying  his  governors  permission  to  pass 
laws  of  immediate  and  pressing  importance,  unless  suspended  in  their 
operation  for  his  assent,  and,  when  so  suspended,  neglecting  to  attend 
to  them  for  many  years ;  by  refusing  to  pass  certain  other  laws,  unless 
the  persons  to  be  benefited  by  them  would  relinquish  the  inestimable 
right  of  representation  in  the  legislature  ;  by  dissolving  legislative  assem- 
blies repeatedly  and  continually,  for  opposing  with  manly  firmness  his 
invasions  of  the  rights  of  the  people ;  when  dissolved,  by  refusing  to 
call  others  for  a  long  space  of  time,  thereby  leaving  the  political  system 
without  any  legislative  head ;  by  endeavoring  to  prevent  the  population 
of  our  country,  and  for  that  purpose  obstructing  the  laws  for  naturaliza- 
tion of  foreigners ;  by  keeping  among  us,  in  time  of  peace,  standing 
armies  and  ships  of  war ;  by  affecting  to  render  the  military  independent 
of  and  superior  to  the  civil  power ;  by  combining  with  others  to  subject 
us  to  a  foreign  jurisdiction,  giving  his  assent  to  their  pretended  acts  of 
legislation  for  quartering  large  bodies  of  armed  troops  among  us ;  for 
cutting  off  our  trade  with  all  parts  of  the  world  ;  for  imposing  taxes  on  us 
without  our  consent ;  for  depriving  us  of  the  benefit  of  the  trial  by  jury ; 
for  transporting  us  beyond  the  seas  for  trial  for  pretended  offenses  ;  for 
suspending  our  own  legislatures,  and  declaring  themselves  invested 
with  power  to  legislate  for  us  in  all  cases  whatsoever ;  by  plundering 
our  seas,  ravaging  our  coasts,  burning  our  towns,  and  destroying  the 
lives  of  our  people ;  by  inciting  insurrection  of  our  fellow-subjects  with 
the  allurements  of  forfeiture  and  confiscation ;  by  prompting  our  negroes 

120 


CONSTITUTION  OF  VIRGINIA  121 

to  rise  in  arms  amongst  us  —  those  very  negroes  whom,  by  an  inhuman 
use  of  his  negative,  he  had  refused  us  permission  to  exclude  by  law ;  by 
endeavoring  to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished  de- 
struction of  all  ages,  sexes,  and  conditions  of  existence ;  by  transport- 
ing hither  a  large  army  of  foreign  mercenaries  to  complete  the  work  of 
death,  desolation,  and  tyranny,  then  already  begun,  with  circumstances 
of  cruelty  and  perfidy  unworthy  the  head  of  a  civilized  nation ;  by 
answering  our  repeated  petitions  for  redress  with  a  repetition  of  in- 
juries ;  and  finally  by  abandoning  the  helm  of  government  and  de- 
claring us  out  of  his  allegiance  and  protection ;  by  which  several  acts 
of  misrule,  the  government  of  this  country,  as  before  exercised  under 
the  crown  of  Great  Britain,  was  totally  dissolved  —  did,  therefore,  hav- 
ing maturely  considered  the  premises,  and  viewing  with  great  concern 
the  deplorable  condition  to  which  this  once  happy  country  would  be 
reduced  unless  some  regular,  adequate  mode  of  civil  policy  should  be 
speedily  adopted,  and  in  compliance  with  the  recommendation  of  the 
general  congress,  ordain  and  declare  a  form  of  government  of  Virginia : 

And  whereas,  a  convention,  held  on  the  first  Monday  in  October,  in 
the  year  one  thousand  eight  hundred  and  twenty-nine,  did  propose  to 
the  people  of  this  commonwealth  an  amended  constitution,  or  form  of 
government,  which  was  ratified  by  them : 

And  whereas,  the  general  assembly  of  Virginia,  by  an  act  passed  on 
the  fourth  of  March,  in  the  year  one  thousand  eight  hundred  and  fifty, 
did  provide  for  the  election,  by  the  people,  of  delegates  to  meet  in  gen- 
eral convention,  to  consider,  discuss,  and  propose  a  new  constitution, 
or  alterations  and  amendments  to  the  existing  constitution  of  this  com- 
monwealth ;  and  by  an  act  passed  on  the  thirteenth  of  March,  in  the 
year  one  thousand  eight  hundred  and  fifty-one,  did  further  provide  for 
submitting  the  same  to  the  people  for  ratification  or  rejection ;  and  the 
same  having  been  submitted  accordingly,  was  ratified  by  them : 

And  whereas,  the  general  assembly  of  Virginia,  by  an  act  passed  on 
the  twenty-first  day  of  December,  in  the  year  one  thousand  eight  hun- 
dred and  sixty-three,  did  provide  for  the  election,  by  the  people,  of 
delegates  to  meet  in  general  convention,  to  consider,  discuss,  and  adopt 
alterations  and  amendments  to  the  existing  constitution  of  this  com- 
monwealth, the  delegates  so  assembled  did,  therefore,  having  maturely 
considered  the  premises,  adopt  a  revised  and  amended  constitution  as 
the  form  of  government  of  Virginia : 


122  APPENDIX 

And  whereas,  the  congress  of  the  United  States  did,  by  an  act 
passed  on  the  second  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  sixty-seven,  and  entitled  "  an  act  to  provide  for  the  more 
efficient  goyernment  of  the  rebel  states,"  and  by  acts  supplementary 
thereto,  passed  on  the  twenty-third  day  of  March,  and  the  nineteenth 
day  of  July,  in  the  year  one  thousand  eight  hundred  and  sixty-seven, 
provide  for  the  election,  by  the  people  of  Virginia,  qualified  to  vote 
under  the  provisions  of  said  acts,  of  delegates  to  meet  in  convention,  to 
frame  a  constitution  or  form  of  government  for  Virginia,  in  conformity 
with  said  acts ;  and  by  the  same  acts  did  further  provide  for  the  sub- 
mitting of  such  constitution  to  the  qualified  voters  for  ratification  or 
rejection : 

We,  therefore,  the  delegates  of  the  good  people  of  Virginia,  elected, 
and  in  convention  assembled,  in  pursuance  of  said  acts,  invoking  the 
favor  and  guidance  of  Almighty  God,  do  propose  to  the  people  the 
following  constitution  and  form  of  government  for  this  commonwealth : 

ARTICLE   I 

BILL   OF   RIGHTS 

A  declaration  of  rights  made  by  the  representatives  of  the  good  people 
of  Virginia^  assembled  in  full  and  free  convetition  ;  which  rights  do 
pertai7i  to  thetn  and  their  posterity y  as  the  basis  and  foundation  of 
government. 

1.  That  all  men  are  by  nature  equally  free  and  independent,  and 
have  certain  inherent  rights,  of  which,  when  they  enter  into  a  state  of 
society,  they  cannot,  by  any  compact,  deprive  or  divest  their  posterity, 
namely,  the  enjoyment  of  life  and  liberty,  with  the  means  of  acquiring 
and  possessing  property,  and  pursuing  and  obtaining  happiness  and 
safety. 

2.  That  this  state  shall  ever  remain  a  member  of  the  United  States 
of  America,  and  that  the  people  thereof  are  a  part  of  the  American 
Nation,  and  that  all  attempts,  from  whatever  source  or  upon  whatever 
pretext,  to  dissolve  said  union  or  to  sever  said  nation,  are  unauthorized 
and  ought  to  be  resisted  with  the  whole  power  of  the  state. 

3.  That  the  constitution  of  the  United  States,  and  the  laws  of  Con- 
gress passed  in  pursuance  thereof,  constitute  the  supreme  law  of  the 
land,  to  which  paramount  allegiance  and  obedience  are  due  from  every 


CONSTITUTION  OF  VIRGINIA  1 23 

citizen,  anything  in  the  constitution,  ordinances,  or  laws  of  any  state  to 
the  contrary  notwithstanding. 

4.  That  all  power  is  vested  in,  and  consequently  derived  from,  the 
people;  that  magistrates  are  their  trustees  and  servants,  and  at  all 
times  amenable  to  them. 

5.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection,  and  security  of  the  people,  nation,  or  community  ;  of 
all  the  various  modes  and  forms  of  government,  that  is  best  which 
is  capable  of  producing  the  greatest  degree  of  happiness  and  safety, 
and  is  most  effectually  secured  against  the  dangers  of  maladministra- 
tion;  and  that  when  any  government  shall  be  found  inadequate  or 
contrary  to  these  purposes,  a  majority  of  the  community  hath  an  in- 
dubitable, inalienable,  and  indefeasible  right  to  reform,  alter,  or  abolish 
it,  in  such  manner  as  shall  be  judged  most  conducive  to  the  public 
weal. 

6.  That  no  man,  or  set  of  men,  are  entitled  to  exclusive  or  sepa- 
rate emoluments  or  privileges  from  the  community  but  in  consideration 
of  public  services ;  which,  not  being  descendible,  neither  ought  the 
offices  of  magistrate,  legislator,  or  judge  to  be  hereditary. 

7.  That  the  legislative,  executive,  and  judicial  powers  should  be 
separate  and  distinct ;  and  that  the  members  thereof  may  be  restrained 
from  oppression,  by  feeling  and  participating  the  burthens  of  the  people, 
they  should,  at  fixed  periods,  be  reduced  to  a  private  station,  return 
into  that  body  from  which  they  were  originally  taken,  and  the  vacancies 
be  supplied  by  frequent,  certain,  and  regular  elections,  in  which  all  or 
any  part  of  the  former  members  to  be  again  eligible  or  ineligible,  as  the 
laws  shall  direct. 

8.  That  all  elections  ought  to  be  free,  and  that  all  men  having  suffi- 
cient evidence  of  permanent  common  interest  with,  and  attachnient  to 
the  community,  have  the  right  of  suffrage,  and  cannot  be  taxed  or  de- 
prived of  their  property  for  public  uses,  without  their  own  consent,  or 
that  of  their  representatives  so  elected,  nor  bound  by  any  law  to  which 
they  have  not  in  like  manner  assented,  for  the  public  good. 

9.  That  all  power  of  suspending  laws,  or  the  execution  of  laws  by 
any  authority,  without  consent  of  the  representatives  of  the  people,  is 
injurious  to  their  rights  and  ought  not  to  be  exercised, 

10.  That  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right 
to  demand  the  cause  and  nature  of  his  accusation,  to  be  confronted 
with  the  accusers  and  witnesses,  to  call  for  evidence  in  his  favor,  and  to 


124  APPENDIX 

a  speedy  trial  by  an  impartial  jury  of  his  vicinage,  without  whose  unani- 
mous consent  he  cannot  be  found  guilty ;  nor  can  he  be  compelled  to 
give  evidence  against  himself;  that  no  man  be  deprived  of  his  liberty, 
except  by  the  law  of  the  land  or  the  judgment  of  his  peers. 

1 1 .  That  excessive  bail  ought  not  to  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishment  inflicted. 

12.  That  general  warrants,  whereby  an  officer  or  messenger  may  be 
commanded  to  search  suspected  places  without  evidence  of  a  fact  com- 
mitted, or  to  seize  any  person  or  persons  not  named,  or  whose  offence 
is  not  particularly  described  and  supported  by  evidence,  are  grievous 
and  oppressive,  and  ought  not  to  be  granted. 

13.  That  in  controversies  respecting  property,  and  in  suits  between 
man  and  man,  the  trial  by  jury  is  preferable  to  any  other,  and  ought 
to  be  held  sacred. 

14.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  can  never  be  restrained  but  by  despotic  governments,  and 
any  citizen  may  speak,  write,  and  publish  his  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  that  liberty. 

15.  That  a  well-regulated  militia,  composed  of  the  body  of  the  peo- 
ple trained  to  arms,  is  the  proper,  natural,  and  safe  defence  of  a  free 
state ;  that  standing  armies,  in  time  of  peace,  should  be  avoided  as 
dangerous  to  liberty,  and  that  in  all  cases  the  military  should  be  under 
strict  subordination  to,  and  governed  by,  the  civil  power. 

16.  That  the  people  have  a  right  to  uniform  government;  and, 
therefore,  that  no  government  separate  from,  or  independent  of,  the 
government  of  Virginia  ought  to  be  erected  or  established  withm  the 
limits  thereof. 

17.  That  no  free  government,  or  the  blessings  of  liberty,  can  be  pre- 
served to  any  people  but  by  a  firm  adherence  to  justice,  moderation, 
temperance,  and  virtue,  and  by  a  frequent  recurrence  to  fundamental 
principles. 

18.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the 
manner  of  discharging  it,  can  be  directed  only  by  reason  and  convic- 
tion, not  by  force  or  violence  ;  and,  therefore,  all  men  are  equally  entitled 
to  the  free  exercise  of  religion  according  to  the  dictates  of  conscience ; 
and  that  it  is  the  mutual  duty  of  all  to  practise  Christian  forbearance, 
love,  and  charity  towards  each  other. 

19.  That  neither  slavery  nor  involuntary  servitude,  except  as  lawful 
imprisonment  may  constitute  such,  shall  exist  within  this  state. 


CONSTITUTION  OF  VIRGINIA  1 25 

20.  That  all  citizens  of  the  state  are  hereby  declared  to  possess 
equal  civil  and  political  rights  and  public  privileges. 

21.  The  rights  enumerated  in  this  bill  of  rights  shall  not  be  con- 
strued to  limit  other  rights  of  the  people  not  therein  expressed. 

The  declaration  of  the  political  rights  and  privileges  of  the  inhabi- 
tants of  this  state  is  hereby  declared  to  be  a  part  of  the  constitution 
of  this  commonwealth,  and  shall  not  be  violated  on  any  pretence 
whatever. 

ARTICLE   II 

DIVISION  OF  POWERS 

« 

The  legislative,  executive,  and  judiciary  departments  shall  be  sep- 
arate and  distinct,  so  that  neither  exercise,  the  powers  properly  be- 
longing to  either  of  the  others ;  nor  shall  any  person  exercise  the 
power  of  more  than  one  of  them  at  the  same  time,  except  as  herein- 
after provided. 

ARTICLE   III 

ELECTIVE  FRANCHISE  AND   QUALIFICATIONS   FOR   OFFICE 

Sec.  I.  Every  male  citizen  of  the  United  States,  twenty-one  years 
old,  who  shall  have  been  a  resident  of  this  state  twelve  months,  and 
of  the  county,  city,  or  town  in  which  he  shall  offer  to  vote  three 
months  next  preceding  any  election,  shall  be  entitled  to  vote  for 
members  of  the  general  assembly  and  all  officers  elected  by  the 
people :  provided,  that  no  officer,  soldier,  seaman,  or  marine  of  the 
United  States  army  or  navy,  shall  be  considered  a  resident  of  this 
state  by  reason  of  being  stationed  therein :  and  provided,  also,  that 
the  following  persons  shall  be  excluded  from  voting : 

First.    Idiots  and  lunatics. 

Second.  Persons  convicted  of  bribery  in  any  election,  embezzle- 
ment of  public  funds,  treason,  felony,  or  petit  larceny. 

Third.  No  person  who,  while  a  citizen  of  this  state,  has,  since  the 
adoption  of  this  constitution,  fought  a  duel  with  a  deadly  weapon, 
sent  or  accepted  a  challenge  to  fight  a  duel  with  a  deadly  weapon, 
either  within  or  beyond  the  boundaries  of  this  state,  or  knowingly 
conveyed  a  challenge,  or  aided  or  assisted  in  any  manner  in  fighting 
a  duel,  shall  be  allowed  to  vote  or  hold  any  office  of  honor,  profit,  or 
trust  under  this  constitution. 


126  APPENDIX 

Sec.  2.  All  elections  shall  be  by  ballot,  and  all  persons  entitled  to 
vote  shall  be  eligible  to  any  office  within  the  gift  of  the  people,  except 
as  restricted  in  this  constitution. 

Sec.  3.  All  persons  entitled  to  vote  and  hold  office,  and  none 
others,  shall  be  eligible  to  sit  as  jurors. 

Sec.  4.  No  voter,  during  the  time  of  holding  any  election  at 
which  he  is  entitled  to  vote,  shall  be  compelled  to  perform  military 
service,  except  in  time  of  war  or  public  danger,  to  work  upon  public 
roads,  or  to  attend  any  court  as  suitor,  juror,  or  witness  ;  and  no  voter 
shall  be  subject  to  arrest,  under  any  civil  process  during  his  attend- 
ance at  elections,  or  in  going  to  or  returning  from  them. 

Oath  of  Office 

Sec.  5.  All  persons,  before  entering  upon  the  discharge  of  any 
function  as  officers  of  this  state,  must  take  and  subscribe  the  follow- 
ing oath  or  affirmation : 

"  I, ,  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port and  maintain  the  constitution  and  laws  of  the  United  States,  and 
the  constitution  and  laws  of  the  state  of  Virginia ;  that  I  recognize 
and  accept  the  civil  and  political  equality  of  all  men  before  the  law, 

and  that  I  will  faithfully  perform  the  duty  of to  the  best  of  my 

ability :  So  help  me  God." 


ARTICLE   IV 

executive  department 

Governor 

Sec.  I.  The  chief  executive  power  of  this  commonwealth  shall  be 
vested  in  a  Governor.  He  shall  hold  office  for  a  term  of  four  years, 
to  commence  on  the  first  day  of  January  next  succeeding  his  election, 
and  be  ineligible  to  the  same  office  for  the  term  next  succeeding  that 
for  which  he  was  elected,  and  to  any  other  office  during  his  term 
of  service. 

Sec.  2.  The  Governor  shall  be  elected  by  the  voters  at  the  times 
and  places  of  choosing  members  of  the  general  assembly.  Returns 
of  elections  shall  be  transmitted,  under  seal,  by  the  proper  officers,  to 
the  Secretary  of  the  Commonwealth,  who  shall  deliver  them  to  the 
Speaker  of  the  House  of  Delegates  on  the  first  day  of  the  next  ses- 


CONSTITUTION   OF  VIRGINIA  12/ 

sion  of  the  general  assembly.  The  speaker  of  the  House  of  Delegates 
shall,  within  one  week  thereafter,  in  presence  of  a  majority  of  the 
Senate  and  House  of  Delegates,  open  the  said  returns,  and  the  votes 
shall  then  be  counted.  The  person  having  the  highest  number  of 
votes  shall  be  declared  elected  ;  but  if  two  or  more  shall  have  the 
highest  and  an  equal  number  of  votes,  one  of  them  shall  be  chosen 
Governor  by  the  joint  vote  of  the  two  houses  of  the  general  assembly. 
Contested  elections  for  Governor  shall  be  decided  by  a  like  vote,  and 
the  mode  of  proceeding  in  su(*h  cases  shall  be  prescribed  by  law. 

Sec.  3.  No  person,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  Governor ;  and  if  such  person  be  of  foreign 
birth,  he  must  have  been  a  citizen  of  the  United  States  for  ten  years 
next  preceding  his  election  ;  nor  shall  any  person  be  eligible  to  that 
office  unless  he  shall  have  attained  the  age  of  thirty  years,  and  have 
been  a  resident  of  this  state  for  three  years  next  preceding  his  elec- 
tion. 

Sec.  4.  The  Governor  shall  reside  at  the  seat  of  government; 
shall  receive  five  thousand  dollars  for  each  year  of  his  service,  and 
while  in  office  shall  receive  no  other  emolument  from  this  or  any 
other  government. 

Sec.  5.  He  shall  take  care  that  the  laws  be  faithfully  executed; 
communicate  to  the  general  assembly,  at  every  session,  the  condition 
of  the  commonwealth  ;  recommend  to  their  consideration  such  meas- 
ures as  he  may  deem  expedient,  and  convene  the  general  assembly, 
on  application  of  two  thirds  of  the  members  of  both  houses  thereof, 
or  when,  in  his  opinion,  the  interest  of  the  commonwealth  may  re- 
quire it.  He  shall  be  commander-in-chief  of  the  land  and  naval 
forces  of  the  state ;  have  power  to  embody  the  militia  to  repel  inva- 
sion, suppress  insurrection,  and  enforce  the  execution  of  the  laws ; 
conduct  either  in  person  or  in  such  other  manner  as  shall  be  pre- 
scribed by  law,  all  intercourse  with  other  and  foreign  states ;  and 
during  the  recess  of  the  general  assembly,  to  fill  pro  tempore,  all  va- 
cancies in  those  offices  for  which  the  constitution  and  laws  make  no 
provision ;  but  his  appointments  to  such  vacancies  shall  be  by  com- 
missions to  expire  at  the  end  of  thirty  days  after  the  commencement 
of  the  next  session  of  the  general  assembly.  He  shall  have  power  to 
remit  fines  and  penalties  in  such  cases  and  under  such  rules  and  reg- 
ulations as  may  be  prescribed  by  law,  and  except  when  the  prosecu- 
tion has  been  carried  on  by  the  House  of  Delegates,  to  grant  reprieves 
and  pardons  after  conviction  ;    to  remove  political  disabilities  conse- 


128  APPENDIX 

quent  upon  conviction  for  offences  committed  prior  or  subsequent  to 
the  adoption  of  this  constitution,  and  to  commute  capital  punishment ; 
but  he  shall  communicate  to  the  general  assembly,  at  each  session, 
particulars  of  every  case  of  fine  or  penalty  remitted,  of  reprieve  or 
pardon  granted,  and  of  punishment  commuted,  with  his  reasons  for 
remitting,  granting,  or  commuting  the  same. 

Sec.  6.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  department  upon  any  subject  relating  to  the  duties  of 
their  respective  offices  ;  and  may  also  inquire  the  opinion,  in  writing, 
of  the  Attorney-General  upon  any  question  of  law  connected  with  his 
official  duties. 

Sec.  7.  Commissions  and  grants  shall  run  in  the  name  of  the 
commonwealth  of  Virginia,  and  be  attested  by  the  Governor,  with 
the  seal  of  the  commonwealth  annexed. 

Sec.  8.  Every  bill  which  shall  have  passed  the  Senate  and  House 
of  Delegates,  and  every  resolution  requiring  the  assent  of  both 
branches  of  the  general  assembly,  shall,  before  it  becomes  a  law,  be 
presented  to  the  Governor ;  if  he  approve,  he  shall  sign  it ;  but  if 
not,  he  shall  return  it  with  his  objections,  to  the  house  in  which  it 
shall  have  originated,  who  shall  enter  the  objections  at  large  on  their 
journal  and  proceed  to  reconsider  it.  If,  after  such  consideration, 
two  thirds  of  the  members  present  shall  agree  to  pass  the  bill  or  joint 
resolution,  it  shall  be  sent  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two  thirds  of  all  the  members  present,  it  shall  become  a  law,  notwith- 
standing the  objections  of  the  Governor.  But  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  ayes  and  noes,  and  the 
names  of  the  members  voting  for  and  against  the  bill  or  joint  resolu- 
tion, shall  be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  or  resolution  shall  not  be  returned  by  the  Governor  within 
five  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
unless  the  legislature  shall,  by  their  adjournment,  prevent  its  return, 
in  which  case  it  shall  not  be  a  law. 


Lieutenant-  Governor 

Sec.  9.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time 
and  for  the  same  term  as  the  Governor,  and  his  qualification  and  the 
manner  of  his  election,  in  all  respects,  shall  be  the  same. 


CONSTITUTION  OF  VIRGINIA  1 29 

Sec.  10.  In  case  of  the  removal  of  the  Governor  from  office,  or  of 
his  death,  failure  to  qualify,  resignation,  removal  from  the  state,  or 
inability  to  discharge  the  powers  and  duties  of  the  office,  the  said 
office,  with  its  compensation,  shall  devolve  upon  the  Lieutenant- 
Governor  ;  and  the  general  assembly  shall  provide  by  law  for  the 
discharge  of  the  executive  functions  in  other  necessary  cases. 

Sec.  II.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  except  in  case  of  an  equal  division ; 
and  while  acting  as  such,  shall  receive  a  compensation  equal  to  that 
allowed  to  the  Speaker  of  the  House  of  Delegates. 

Secretary  of  the  Commonwealth^  Treasurer^  and  Auditor 

Sec.  12.  The  Secretary  of  the  commonwealth,  Treasurer,  and 
Auditor  of  Public  Accounts,  shall  be  elected  by  the  joint  vote  of  the 
two  houses  of  the  general  assembly,  and  continue  in  office  for  the 
term  of  two  years,  unless  sooner  relieved.  The  salary  of  each  shall 
be  determined  by  law. 

Sec.  13.  The  Secretary  shall  keep  a  record  of  the  official  acts  ol 
the  Governor,  which  shall  be  signed  by  the  Governor,  and  attested 
by  the  Secretary  ;  and  when  required,  he  shall  lay  the  same,  and  any 
papers,  minutes  and  vouchers  pertaining  to  his  office,  before  either 
house  of  the  general  assembly ;  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  law.  All  fees  received  by  the  Secretary 
shall  be  paid  into  the  treasury. 

Sec.  14.  The  powers  and  duties  of  the  Treasurer  and  Auditor 
shall  be  such  as  are  now  or  may  hereafter  be  prescribed  by  law. 

Sec.  15.  There  may  be  established  in  the  office  of  the  secretary 
of  state,  a  bureau  of  statistics  and  a  bureau  of  agricultural  chemistry 
and  geology,  under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  16.  The  general  assembly  shall  have  power  to  establish  a 
bureau  of  agriculture  and  immigration,  under  such  regulations  as 
may  be  prescribed. 

Board  of  Public  Works 

Sec.  17.  There  shall  be  a  Board  of  Public  Works,  to  consist  of 
the  Governor,  Auditor,  and  Treasurer  of  the  commonwealth,  under 
such  regulations  as  may  be  prescribed  by  law. 

CIV.  gov't  of  va.  —  9 


130  APPENDIX 

ARTICLE  V 

LEGISLATIVE   DEPARTMENT 

Sec.  I.  The  legislative  power  of  this  commonwealth  shall  be 
vested  in  a  general  assembly,  which  shall  consist  of  a  Senate  and 
House  of  Delegates. 

Sec.  2.  The  House  of  Delegates  shall  be  elected  biennially  by  the 
voters  of  the  several  cities  and  counties,  on  the  Tuesday  succeeding 
the  first  Monday  in  November,  and  shall,  from  and  after  the  Tues- 
day succeeding  the  first  Monday  in  November,  eighteen  hundred  and 
seventy-nine,  consist  of  not  more  than  one  hundred  and  not  less  than 
ninety  members. 

Sec.  3.  From  and  after  the  same  date,  the  Senate  shall  consist  of 
not  less  than  thirty-three  nor  more  than  forty  members.  They  shall 
be  elected  for  a  term  of  four  years  —  for  the  election  of  whom  the 
counties,  cities,  and  towns  shall  be  divided  into  districts.  Each 
county,  city,  and  town  of  the  respective  districts  shall,  at  the  time  of 
the  first  election  of  its  delegate  or  delegates  under  this  amendment, 
vote  for  one  or  more  senators.  The  senators  first  elected  under  this 
amendment,  in  districts  bearing  odd  numbers,  shall  vacate  their 
offices  at  the  end  of  two  years  ;  and  those  elected  in  districts  bearing 
even  numbers,  at  the  end  of  four  years  :  and  vacancies  occurring  by 
expiration  of  term,  shall  be  filled  by  the  election  of  senators  for  the 
full  term. 

Sec.  4.  An  apportionment  of  senators  and  members  of  the  House 
of  Delegates  shall  be  made  at  the  regular  session  of  the  general 
assembly  next  preceding  the  Tuesday  after  the  first  Monday  in 
November,  eighteen  hundred  and  seventy-nine,  or  sooner.  A  re- 
apportionment shall  be  made  in  the  year  eighteen  hundred  and 
ninety-one,  and  every  tenth  year  thereafter. 

Qualifications  of  Senators  and  Delegates 

Sec.  5.  Any  person  may  be  elected  Senator  who,  at  the  time  of 
election  is  actually  a  resident  within  the  district,  and  qualified  to  vote 
for  members  of  the  general  assembly  according  to  this  constitution  ; 
and  any  person  may  be  elected  a  member  of  the  House  of  Delegates, 
who,  at  the  time  of  election,  is  actually  a  resident  within  the  county, 
city,  town,  or  election  district,  qualified  to  vote  for  members  of  the 


CONSTITUTION  OF  VIRGINIA  13I 

general  assembly  according  to  this  constitution.  But  no  person 
holding  a  salaried  office  under  the  state  government  shall  be  capable 
of  being  elected  a  member  of  either  house  of  the  general  assembly. 
The  removal  of  any  person  elected  to  either  branch  of  the  general 
assembly,  from  the  city,  county,  town,  or  district  for  which  he  was 
elected,  shall  vacate  his  office. 

Powers  and  Duties  of  the  General  Assembly 

Sec.  6.  The  general  assembly  shall  meet  once  in  two  years,  and 
not  oftener,  unless  convened  by  the  Governor  in  the  manner  pre- 
scribed in  this  constitution.  No  session  of  the  general  assembly, 
after  the  first  under  this  amendment,  shall  continue  longer  than 
ninety  days,  without  the  concurrence  of  three  fifths  of  the  members 
elected  to  each  house ;  in  which  case  the  session  may  be  extended 
for  a  further  period,  not  exceeding  thirty  days.  Neither  house 
during  the  session  of  the  general  assembly,  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting.  A  majority 
of  the  members  elected  to  each  house  shall  constitute  a  quorum  to 
do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  shall  have  power  to  compel  the  attendance  of  absent  members 
in  such  manner  and  under  such  penalty  as  each  house  may  prescribe. 

Sec.  7.  The  House  of  Delegates  shall  choose  its  own  Speaker, 
and  in  the  absence  of  the  Lieutenant-Governor,  or  when  he  shall 
exercise  the  office  of  Governor,  the  Senate  shall  choose,  from  their 
own  body,  a  president  pro  tempore ;  and  each  house  shall  appoint 
its  own  officers,  settle  its  own  rules  of  proceeding,  and  direct  writs 
of  election  for  supplying  intermediate  vacancies;  but  if  vacancies 
shall  occur  during  the  recess  of  the  general  assembly,  such  writs  may 
be  issued  by  the  Governor,  under  such  regulations  as  may  be  pre- 
scribed by  law.  Each  house  shall  judge  of  the  election,  qualification 
and  returns  of  its  members ;  may  punish  them  for  disorderly  be- 
havior, and,  with  the  concurrence  of  two  thirds,  expel  a  member. 

Sec.  8.  The  members  of  the  general  assembly  shall  receive  for 
their  services  a  salary,  to  be  ascertained  by  law,  and  paid  out  of  the 
public  treasury;  but  no  act  increasing  such  salary  shall  take  effect 
until  after  the  end  of  the  term  for  which  the  members  of  the  House 
of  Delegates  voting  thereon  were  elected;  and  no  senator  or 
delegate,  during  the  term  for  which  he  shall  have  been  elected,  shall 


132  APPENDIX 

be  appointed  to  any  civil  office  of  profit  under  the  commonwealth, 
which  has  been  created,  or  the  emoluments  of  which  have  been 
increased  during  such  term,  except  offices  filled  by  election  by  the 
people. 

Sec.  9.  Bills  and  resolutions  may  originate  in  either  of  the  two 
houses  of  the  general  assembly,  to  be  approved  or  rejected  by  either, 
and  may  be  amended  by  either  house,  with  the  consent  of  the  other. 

Sec.  10.  Each  house  of  the  general  assembly  shall  keep  a  journal 
of  its  proceedings,  which  shall  be  published  from  time  to  time,  and 
the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered  on  the 
journal.  No  bill  shall  become  a  law  until  it  has  been  read  on  three 
different  days  of  the  session  in  the  house  in  which  it  originated, 
unless  two  thirds  of  the  members  in  that  house  shall  otherwise 
determine. 

Sec.  II.  The  members  of  the  general  assembly  shall,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  sessions  of  their  respective  houses ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in  any 
other  place.  They  shall  not  be  subject  to  arrest,  under  any  civil 
process,  during  the  session  of  the  general  assembly,  nor  for  fifteen 
days  next  before  the  convening,  and  after  the  termination  of  each 
session. 

Sec.  12.  The  whole  number  of  members  to  which  the  state  may 
at  any  time  be  entitled  in  the  House  of  Representatives  of  the 
United  States,  shall  be  apportioned,  as  nearly  as  may  be,  amongst 
the  several  counties,  cities,  and  towns  of  the  state,  according  to  their 
population. 

Sec.  13.  In  the  apportionment  the  state  shall  be  divided  into 
districts,  corresponding  in  number  with  the  representatives  to  which 
it  may  be  entitled  in  the  House  of  Representatives  of  the  Congress 
of  the  United  States,  which  shall  be  formed,  respectively,  of  con- 
tiguous counties,  cities  and  towns;  be  compact,  and  include,  as 
nearly  as  may  be,  an  equal  number  of  population. 

Sec.  14.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  invasion  or  rebellion,  the  public 
safety  may  require  it.  The  general  assembly  shall  not  pass  any  bill 
of  attainder,  or  any  ex  post  facto  law,  or  any  law  impairing  the 
obligation  of  contracts,  or  any  law,  whereby  private  property  shall  be 
taken  for  public  uses  without  just  compensation,  or  any  law  abridg- 


CONSTITUTION  OF  VIRGINIA  1 33 

ing  the  freedom  of  speech  or  of  the  press.  No  man  shall  be  com- 
pelled to  frequent  or  support  any  religious  worship  place  or  ministry 
whatsoever,  nor  shall  any  man  be  enforced,  restrained,  molested  or 
burthened  in  his  body  or  goods,  or  otherwise  suffer,  on  account  of 
his  religious  opinions  or  belief,  but  all  men  shall  be  free  to  profess, 
and  by  argument  to  maintain,  their  opinions  in  matters  of  religion, 
and  the  same  shall  in  nowise  aifect,  diminish,  or  enlarge  their  civil 
capacities.  And  the  general  assembly  shall  not  prescribe  any 
religious  test  whatever,  or  confer  any  peculiar  privileges  or  ad- 
vantages on  any  sect  or  denomination,  or  pass  any  law  requiring  or 
authorizing  any  religious  society,  or  the  people  of  any  district  within 
this  commonwealth,  to  levy  on  themselves  or  others  any  tax  for  the 
erection  or  repair  of  any  house  of  public  worship,  or  for  the  support 
of  any  church  or  ministry,  but  it  shall  be  left  free  to  every  person  to 
select  his  religious  instructor,  and  to  make  for  his  support  such 
private  contract  as  he  shall  please. 

Sec.  15.  No  law  shall  embrace  more  than  one  object,  which  shall 
be  expressed  in  its  title ;  nor  shall  any  law  be  revived  or  amended 
with  reference  to  its  title,  but  the  act  revived  or  the  section  amended, 
shall  be  reenacted  and  published  at  length. 

Sec.  16.  The  governor,  lieutenant-governor,  judges,  and  all 
others  offending  against  the  state,  by  maladministration,  corruption, 
neglect  of  duty,  or  other  high  crime  or  misdemeanor,  shall  be 
impeachable  by  the  House  of  Delegates,  and  be  prosecuted  before 
the  Senate,  which  shall  have  the  sole  power  to  try  impeachment. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation, 
and  no  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  members  present.  Judgment,  in  case  of  impeachment, 
shall  not  extend  further  than  to  removal  from  office,  and  disquali- 
fication to  hold  or  enjoy  any  office  of  honor,  trust,  or  profit  under  the 
commonwealth ;  but  the  party  convicted  shall,  nevertheless,  be 
subject  to  indictment,  trial,  judgment,  and  punishment  according  to 
law.  The  Senate  may  sit  during  the  recess  of  the  general  assembly 
for  the  trial  of  impeachment. 

Sec  17.  The  general  assembly  shall  not  grant  a  charter  of  incor- 
poration to  any  church  or  religious  denomination,  bu+  may  secure 
the  title  to  church  property  to  an  extent  to  be  limited  by  law. 

Sec.  18.  No  lottery  shall  hereafter  be  authorized  by  law;  and 
the  buying,  selling,  or  transferring  of  tickets  or  chances  in  any 
lottery,  shall  be  prohibited. 


134  APPENDIX 

Sec.  19.  No  new  county  shall  be  formed  with  an  area  of  less 
than  six  hundred  square  miles;  nor  shall  the  county  or  counties 
from  which  it  is  formed  be  reduced  below  that  area ;  nor  shall  any 
county  having  a  population  less  than  ten  thousand,  be  deprived  of 
more  than  one  fifth  of  such  population  ;  nor  shall  a  county,  having  a 
larger  population,  be  reduced  below  eight  thousand.  But  any 
county,  the  length  of  which  is  three  times  its  mean  breadth,  or 
which  exceeds  fifty  miles  in  length,  may  be  divided  at  the  discretion 
of  the  general  assembly.  In  all  general  elections  the  voters  in  any 
county,  not  entitled  to  separate  representation,  shall  vote  in  the  same 
election  district. 

Sec.  20.  The  general  assembly  shall  confer  on  the  courts  the 
power  to  grant  divorces,  change  the  names  of  persons,  and  direct 
the  sale  of  estates  belonging  to  infants  and  other  persons  under 
legal  disabilities,  but  shall  not,  by  special  legislation,  grant  relief  in 
such  cases,  or  in  any  other  case  of  which  the  courts  or  other 
tribunals  may  have  jurisdiction. 

Sec.  21.  The  general  assembly  shall  provide  for  the  annual 
registration  of  births,  marriages,  and  deaths. 

Sec.  22.  The  manner  of  conducting  and  making  returns  of 
elections,  or  determining  contested  elections,  and  of  filling  vacancies 
in  office,  in  cases  not  specially  provided  for  by  this  constitution, 
shall  be  prescribed  by  law ;  and  the  general  assembly  may  declare 
the  cases  in  which  any  office  shall  be  deemed  vacant,  where  no  pro- 
vision is  made  for  that  purpose  in  this  constitution. 

Sec.  23.  The  legislature  shall  have  power  to  provide  for  the 
government  of  cities  and  towns,  and  to  establish  such  courts  therein 
as  may  be  necessary  for  the  administration  of  justice. 

Sec.  24.  The  general  assembly  shall  have  power,  by  a  two-thirds 
vote,  to  remove  disabilities  incurred  under  clause  third,  section  one, 
article  third  of  this  constitution,  with  reference  to  duelling. 


ARTICLE  VI 

JUDICIARY   DEPARTMENT 

Sec.  I.  There  shall  be  a  supreme  court  of  appeals,  circuit  courts, 
and  county  courts.  The  jurisdiction  of  these  tribunals,  and  the 
judges  thereof,  except  so  far  as  the  same  is  conferred  by  this  consti- 
tution, shall  be  regulated  by  law. 


CONSTITUTION  OF  VIRGINIA  1 35 

Sec.  2.  The  supreme  court  of  appeals  shall  consist  of  five  judges, 
any  three  of  whom  may  hold  a  court.  It  shall  have  appellate  juris- 
diction only,  except  in  cases  of  habeas  corpus^  mandamus  and 
prohibition.  It  shall  not  have  jurisdiction  in  civil  cases  where  the 
matter  in  controversy,  exclusive  of  costs,  is  less  in  value  or  amount 
than  five  hundred  dollars,  except  in  controversies  concerning  the  title 
or  boundaries  of  land,  the  probate  of  a  will,  the  appointment  or 
qualification  of  a  personal  representative,  guardian,  committee  or 
curator;  or  concerning  a  mill,  roadway,  ferry  or  landing;  or  the 
right  of  a  corporation  or  of  a  county  to  levy  tolls  or  taxes,  and 
except  in  cases  of  habeas  corpus,  mandamus  and  prohibition,  or  the 
constitutionality  of  a  law :  Provided,  That  the  assent  of  a  majority 
of  the  judges  elected  to  the  court  shall  be  required,  in  order  to 
declare  any  law  null  and  void  by  reason  of  its  repugnance  to  the 
Federal  Constitution,  or  to  the  constitution  of  this  state. 

Sec.  3.  Special  courts  of  appeals,  to  consist  of  not  less  than  three 
nor  more  than  five  judges,  may  be  formed  of  the  judges  of  the 
supreme  court  of  appeals  and  of  the  circuit  courts,  or  any  of  them, 
to  try  any  cases  on  the  docket  of  said  court,  in  respect  to  which  a 
majority  of  the  judges  thereof  may  be  so  situated  as  to  make  it 
improper  for  them  to  sit  on  the  hearing  of  the  same ;  and  also  to  try 
any  cases  on  the  said  docket  which  cannot  be  otherwise  disposed  of 
with  convenient  dispatch. 

Sec.  4.  When  a  judgment  or  decree  is  reversed  or  affirmed  by 
the  supreme  court  of  appeals,  the  reasons  therefor  shall  be  stated  in 
writing  and  preserved  with  the  records  of  the  case. 

Sec.  5.  The  judges  shall  be  chosen  by  the  joint  vote  of  the  two 
houses  of  the  general  assembly,  and  shall  hold  their  office  for  a  term 
of  twelve  years  ;  they  shall,  when  chosen,  have  held  a  judicial  station 
in  the  United  States,  or  shall  have  practiced  law  in  this  or  some 
other  state  for  five  years. 

Sec.  6.  The  officers  of  the  supreme  court  of  appeals  shall  be 
appointed  by  the  said  court,  or  by  the  judges  thereof  in  vacation. 
Their  duties,  compensation,  and  tenure  of  office  shall  be  prescribed 
by  law. 

Sec.  7.  The  supreme  court  of  appeals  shall  hold  its  sessions  at 
two  or  more  places  in  the  state,  to  be  fixed  by  law. 

Sec.  8.  At  every  election  of  a  Governor  an  Attorney-General 
shall  be  elected  by  the  qualified  voters  of  this  commonwealth.  He 
shall  be  commissioned  by  the  Governor,  perform  such  duties  and 


136  APPENDIX 

receive  such  compensation  as  may  be  prescribed  by  law,  and  shall 
be  removable  in  the  manner  prescribed  for  the  removal  of  judges. 

Circuit  Courts 

Sec.  9.  The  state  shall  be  divided  into  sixteen  judicial  circuits, 
as  follows : 

1 .  The  counties  of  Norfolk,  Princess  Anne,  Nansemond,  Isle  of 
Wight,  Southampton,  Surry,  and  the  city  of  Norfolk  shall  constitute 
the  first  circuit. 

2.  The  counties  of  Sussex,  Greensville,  Brunswick,  Prince  George, 
Dinwiddle,  Nottoway,  Chesterfield,  and  the  city  of  Petersburg  shall 
constitute  the  second  circuit. 

3.  The  counties  of  Mecklenburg,  Lunenburg,  Charlotte,  Amelia, 
Powhatan,  Prince  Edward,  Buckingham,  and  Cumberland  shall  con- 
stitute the  third  circuit. 

4.  The  counties  of  Halifax,  Pittsylvania,  Henry,  Patrick,  Frank- 
lin, and  the  town  of  Danville  shall  constitute  the  fourth  circuit. 

5.  The  counties  of  Bedford,  Campbell,  Appomattox,  Amherst, 
Nelson,  and  the  city  of  Lynchburg  shall  constitute  the  fifth  circuit. 

6.  The  counties  of  Albemarle,  Fluvanna,  Culpeper,  Goochland, 
Madison,  Greene,  and  Orange  shall  constitute  the  sixth  circuit. 

7.  The  county  of  Henrico  and  the  city  of  Richmond  shall  con- 
stitute the  seventh  circuit. 

8.  The  counties  of  Accomack,  Northampton,  York,  Elizabeth 
City,  Warwick,  James  City,  New  Kent,  Charles  City,  and  the  city  of 
Williamsburg  shall  constitute  the  eighth  circuit. 

9.  The  counties  of  Lancaster,  Northumberland,  Mathews,  Mid- 
dlesex, Gloucester,  King  William,  Essex,  and  King  and  Queen  shall 
constitute  the  ninth  circuit. 

10.  The  counties  of  Westmoreland,  Spotsylvania,  Caroline,  Han- 
over, Stafford,  King  George,  Richmond,  and  Louisa  shall  constitute 
the  tenth  circuit. 

1 1 .  The  counties  of  Loudoun,  Fauquier,  Fairfax,  Prince  William, 
Rappahannock,  and  Alexandria  shall  constitute  the  eleventh  circuit. 

12.  The  counties  of  Frederick,  Clarke,  Warren,  Page,  Shenan- 
doah, and  Rockingham  shall  constitute  the  twelfth  circuit. 

13.  The  counties  of  Augusta,  Rockbridge,  Bath,  Highland,  and 
Alleghany  shall  constitute  the  thirteenth  circuit. 

14.  The  counties  of  Botetourt,  Roanoke,  Montgomery,  Floyd, 
Giles,  and  Craig  shall  constitute  the  fourteenth  circuit. 


CONSTITUTION  OF  VIRGINIA  1 37 

15.  The  counties  of  Carroll,  Grayson,  Wythe,  Pulaski,  Bland,  and 
Tazewell  shall  constitute  the  fifteenth  circuit. 

16.  The  counties  of  Smyth,  Washington,  Lee,  Scott,  Wise,  Rus- 
sell, and  Buchanan  shall  constitute  the  sixteenth  circuit. 

Sec.  10.  The  general  assembly  may  re-arrange  said  circuits,  or 
any  of  them,  and  increase  or  diminish  the  number  thereof,  when  the 
public  interests  shall  require  it. 

Sec.  1 1 .  For  each  circuit  a  judge  shall  be  chosen  by  the  joint 
vote  of  the  two  houses  of  the  general  assembly,  who  shall  hold  his 
office  for  a  term  of  eight  years,  unless  sooner  removed  in  the  manner 
prescribed  by  this  constitution.  He  shall,  when  chosen,  possess  the 
same  qualifications  of  judges  of  the  supreme  court  of  appeals ;  and 
during  his  continuance  in  office  shall  reside  in  the  circuit  of  which 
he  is  judge. 

Sec.  12.  A  circuit  court  shall  be  held,  at  least  twice  a  year  by  the 
judges  of  each  circuit,  in  every  county  and  corporation  thereof 
wherein  a  circuit  court  now  is  or  may  hereafter  be  established.  But 
the  judges  may  be  required  or  authorized  to  hold  the  courts  of  their 
respective  circuits  alternately,  and  the  judge  of  one  circuit  to  hold 
court  in  any  other  circuit. 

County  Courts 

Sec.  13.  In  each  county  of  this  commonwealth  there  shall  be  a 
court  called  the  county  court,  which  shall  be  held  monthly  by  a 
judge  learned  in  the  law  of  the  state  and  to  be'  known  as  the  county 
court  judge:  provided,  that  counties  containing  less  than  eight 
thousand  inhabitants  shall  be  attached  to  adjoining  counties  for  the 
formation  of  districts  for  county  judges.  County  court  judges  shall 
be  chosen  in  the  same  manner  as  judges  of  the  circuit  courts.  They 
shall  hold  their  office  for  a  term  of  six  years,  except  the  first  term 
under  this  constitution,  which  shall  be  three  years,  and.  during  their 
continuance  in  office,  they  shall  reside  in  their  respective  counties  or 
districts.  The  jurisdiction  of  said  courts  shall  be  the  same  as  that 
of  the  existing  county  courts,  except  so  far  as  it  is  modified  by  this 
constitution  or  may  be  changed  by  law. 

Government  of  Cities  and  Towns 

Sec.  14.  For  each  city  or  town  in  the  state,  containing  a  popula- 
tion of  five  thousand,  there  shall  be  elected  on  the  joint  vote  of  the 


138  APPENDIX 

two  houses  of  the  general  assembly,  one  city  judge,  who  shall  hold 
a  corporation  or  hustings  court  of  said  city  or  town,  as  often,  and  as 
many  days  in  each  month,  as  may  be  prescribed  by  law,  with  similar 
jurisdiction  which  may  be  given  by  law,  to  the  circuit  courts  of  this 
state,  and  who  shall  hold  his  office  for  a  term  of  six  years  :  provided, 
that  in  cities  or  towns  containing  thirty  thousand  inhabitants,  there 
may  be  elected  an  additional  judge  to  hold  courts  of  probate  and 
record,  separate  and  apart  from  the  corporation  or  hustings  courts, 
and  perform  such  other  duties  as  shall  be  prescribed  by  law. 

Sec.  15.  Also  the  following  enumerated  officers,  who  shall  be 
elected  by  the  qualified  voters  of  the  said  cities  or  towns :  One  clerk 
of  the  corporation  or  hustings  court,  who  shall  also  be  the  clerk  of 
the  circuit  court,  except  in  cities  or  towns  containing  a  population 
of  thirty  thousand  or  more ;  in  which  city  or  town  there  may  be  a 
separate  clerk  for  the  circuit  court,  who  shall  hold  his  office  for  a 
term  of  six  years. 

Sec.  16.  One  commonwealth's  attorney,  who  shall  be  the  com- 
monwealth's attorney  for  the  circuit  court,  and  shall  hold  his  office 
for  a  term  of  two  years. 

Sec.  17.  One  city  sergeant,  who  shall  hold  his  office  for  a  term 
of  two  years. 

Sec.  18.  One  city  or  town  treasurer,  whose  duties  shall  be  similar 
to  those  of  county  treasurer,  and  who  shall  hold  his  office  for  a  term 
of  three  years. 

Sec.  19.   One  commissioner  of  the  revenue. 

Sec.  20.  There  shall  be  chosen  by  the  electors  of  every  city,  a 
mayor,  who  shall  be  the  chief  executive  officer  thereof,  and  who 
shall  see  that  the  duties  of  the  various  city  officers  are  faithfully 
performed.  He  shall  have  power  to  investigate  their  acts,  have 
access  to  all  books  and  documents  in  their  offices,  and  may  examine 
them  and  their  subordinates  on  oath.  The  evidence  given  by  per- 
sons so  examined,  shall  not  be  used  against  them  in  any  criminal 
proceedings.  He  shall  also  have  power  to  suspend  or  remove  such 
officers,  whether  they  be  elected  or  appointed,  for  misconduct  in 
office  or  neglect  of  duty,  to  be  specified  in  the  order  of  suspension 
or  removal ;  but  no  such  removal  shall  be  made  without  reasonable 
notice  to  the  officer  complained  of,  and  an  opportunity  afforded  him 
to  be  heard  in  his  defence.  All  city,  town,  and  village  officers, 
whose  election  or  appointment  is  not  provided  for  by  this  constitu- 
tion, shall  be  elected  by  the  electors  of  such  cities,  towns,  and 


CONSTITUTION  OF  VIRGINIA  I39 

villages,  or  of  some  division  thereof,  or  appointed  by  such  authorities 
thereof  as  the  general  assembly  shall  designate.  All  other  officers 
whose  election  or  appointment  is  not  provided  for  by  this  constitu- 
tion, and  all  officers  whose  offices  may  be  hereafter  created  by  law, 
shall  be  elected  by  the  people,  or  appointed,  as  the  general  assembly 
may  direct.  Members  of  common  councils  shall  hold  no  other 
office  in  cities,  and  no  city  officer  shall  hold  a  seat  in  the  general 
assembly.  The  general  assembly,  at  its  first  session  after  the  adop- 
tion of  this  constitution,  shall  pass  such  laws  as  may  be  necessary  to 
give  effect  to  the  provisions  of  this  article.  General  laws  shall  be 
passed  for  the  organization  and  government  of  cities,  and  no  special 
act  shall  be  passed,  except  in  cases  where,  in  the  judgment  of  the 
general  assembly,  the  object  of  such  act  cannot  be  attained  by 
general  laws.  Nothing  in  this  article  shall  affect  the  power  of  the 
general  assembly  over  quarantine,  or  in  regard  to  the  port  of 
Norfolk,  or  the  interest  of  the  state  in  the  lands  under  water  and 
within  the  jurisdiction  or  boundaries  of  any  city,  or  to  regulate  the 
wharves,  piers,  or  slips  in  any  city.  All  laws  or  city  ordinances  in 
conflict  with  the  provisions  of  the  preceding  sections,  shall  be  void 
from  and  after  the  adoption  of  this  constitution. 

Sec.  21.  All  regular  elections  for  city  or  town  officers,  under  this 
article,  shall  be  held  on  the  fourth  Thursday  in  May,  and  the  officers 
elect  shall  enter  upon  their  duties  on  the  first  day  of  July  succeeding. 

General  Provisions 

Sec.  22.  All  the  judges  shall  be  commissioned  by  the  Governor, 
and  shall  receive  such  salaries  and  allowances  as  maybe  determined 
by  law,  the  amount  of  which  shall  not  be  diminished  during  their 
term  of  office.  Their  terms  of  office  shall  commence  on  the  first 
day  of  January  next  following  their  appointment ;  and  they  shall 
discharge  the  duties  of  their  respective  offices  from  their  first  ap- 
pointment and  qualification  under  this  constitution  until  their  terms 
begin. 

Sec.  23.  Judges  may  be  removed  from  office  by  a  concurrent 
vote  of  both  houses  of  the  general  assembly,  but  a  majority  of  all  the 
members  elected  to  each  house  must  concur  in  such  vote,  and  the 
cause  of  removal  shall  be  entered  on  the  journal  of  each  house. 
The  judge  against  whom  the  general  assembly  may  be  about  to 
proceed,  shall  have  notice  thereof,  accompanied  by  a  copy  of  the 


I40  APPENDIX 

causes  alleged  for  his  removal,  at  least  twenty  days  before  the  day 
on  which  either  house  of  the  general  assembly  shall  act  thereon. 

Sec.  24.  Judges  of  the  supreme  court  of  appeals,  and  judges  of 
the  circuit  courts,  shall  not  hold  any  other  office  or  public  trust 
during  their  continuance  in  office. 

Sec.  25.  Judges,  and  all  other  officers  elected  or  appointed,  shall 
continue  to  discharge  the  duties  of  their  offices  after  their  terms  of 
service  have  expired,  until  their  successors  have  qualified. 

Sec.  26.  Writs  shall  run  in  the  name  of  the  commonwealth  of 
Virginia,  and  be  attested  by  the  clerks  of  the  several  courts.  In- 
dictments shall  conclude  "against  the  peace  and  dignity  of  the 
commonwealth." 

ARTICLE   VII 

COUNTY  ORGANIZATIONS 

Sec.  I.  There  shall  be  elected  by  the  qualified  voters  of  the 
county,  one  sheriff,  one  attorney  for  the  commonwealth,  who  shall 
also  be  the  commonwealth's  attorney  for  the  circuit  court ;  one 
county  clerk,  who  shall  also  be  the  clerk  of  the  circuit  court,  except 
that  in  counties  containing  fifteen  thousand  inhabitants,  there  may 
be  a  separate  clerk  for  the  circuit  court ;  one  county  treasurer,  and 
so  many  commissioners  of  the  revenue  as  may  be  provided  by  law ; 
and  there  shall  be  appointed,  in  a  manner  to  be  provided  by  law, 
one  superintendent  of  the  poor,  and  one  county  surveyor ;  and  there 
shall  also  be  appointed,  in  the  manner  provided  for  in  article 
eight,  one  superintendent  of  schools.  All  regular  elections  for 
county  officers  shall  be  held  on  the  fourth  Thursday  in  May ;  and 
all  officers  elected  or  appointed  under  this  provision,  shall  enter 
upon  the  duties  of  their  offices  on  the  first  day  of  July,  next  succeed- 
ing their  election,  and  shall  hold  their  respective  offices  for  the  term 
of  four  years,  except  that  county  and  circuit  court  clerks  shall  hold 
their  offices  for  six  years. 

Sec.  2.  Each  county  of  the  state  shall  be  divided  into  so  many 
compactly  located  magisterial  districts  as  may  be  deemed  necessary, 
not  less  than  three  :  provided,  that  after  these  have  been  formed,  no 
additional  districts  shall  be  made  containing  less  than  thirty  square 

miles ;  each  magisterial  district  shall  be  known  as magisterial 

district,  of county.     In  each  district  there  shall  be  elected  one 

supervisor,  three  justices  of  the  peace,  one  constable,  and  one  over- 


CONSTITUTION  OF  VIRGINIA  141 

seer  of  the  poor,  who  shall  hold  their  respective  offices  for  the  term 
of  two  years.  All  regular  elections  for  magisterial  district  officers 
shall  take  place  on  the  fourth  Thursday  in  May,  and  all  officers  so 
elected  shall  enter  upon  the  duties  of  their  respective  offices  on  the 
first  day  of  July,  next  succeeding  their  election.  The  supervisors  of 
the  districts  shall  constitute  the  board  of  supervisors  for  that  county, 
whose  duty  it  shall  be  to  audit  the  accounts  of  the  county,  examine 
the  books  of  the  commissioners  of  the  revenue,  regulate  and  equalize 
the  valuation  of  property,  fix  the  county  levies  for  the  ensuing  year, 
and  perform  any  other  duties  required  of  them  by  law. 

School  Districts 

Sec.  3.  Each  magisterial  district  shall  be  divided  into  as  many 
compactly  located  school  districts  as  may  be  deemed  necessary :  pro- 
vided, that  no  school  district  shall  be  formed  containing  less  than 
one  hundred  inhabitants.  In  each  school  district  there  shall  be 
elected  or  appointed,  annually,  one  school  trustee,  who  shall  hold  his 
office  three  years  :  provided,  that  at  the  first  election  held  under  this 
provision,  there  shall  be  three  trustees  elected,  whose  terms  shall  be 
one,  two,  and  three  years,  respectively. 

Sec.  4.  The  general  assembly,  at  its  first  session  after  the  adop- 
tion of  this  constitution,  shall  pass  such  laws  as  may  be  necessary  to 
give  effect  to  the  provisions  of  this  article.  But  nothing  in  this 
article  shall  be  construed  as  prohibiting  the  general  assembly  from 
providing  by  law  for  any  additional  officers  in  any  city  or  county. 

Sec.  5.  Sheriffs  shall  hold  no  other  office.  They  may  be  re- 
quired by  law  to  renew  their  security,  and  in  default  of  so  doing, 
their  offices  shall  be  declared  vacant.  Counties  shall  never  be  made 
responsible  for  the  acts  of  the  sheriffs. 


ARTICLE   VIII 

education 

Sec.  I.  The  general  assembly  shall  elect,  in  joint  ballot,  within 
thirty  days  after  its  organization  under  this  constitution,  and  every 
fourth  year  thereafter,  a  Superintendent  of  Public  Instruction.  He 
shall  have  the  general  supervision  of  the  public  free  school  interests 
of  the  state,  and  shall  report  to  the  general  assembly  for  its  considera- 


142  APPENDIX 

tion,  within  thirty  days  after  his  election,  a  plan  for  a  uniform  system 
of  public  free  schools. 

Sec.  2.  There  shall  be  a  Board  of  Education,  composed  of  the 
Governor,  Superintendent  of  Public  Instruction,  and  Attorney-Gen- 
eral, which  shall  appoint  and  have  power  to  remove,  for  cause  and 
upon  notice  to  the  incumbents,  subject  to  confirmation  by  the  Sen- 
ate, all  county  superintendents  of  public  free  schools.  This  board 
shall  have,  regulated  by  law,  the  management  and  investment  of  aU 
school  funds,  and  such  supervision  of  schools  of  higher  grades  as 
the  law  shall  provide. 

Sec.  3.  The  general  assembly  shall  provide  by  law,  at  its  first 
session  under  this  constitution,  a  uniform  system  of  public  free 
schools,  and  for  its  gradual,  equal,  and  full  introduction  into  all  the 
counties  of  the  state,  by  the  year  1876,  or  as  much  earlier  as  practi- 
cable. ■ 

Sec.  4.  The  general  assembly  shall  have  power,  after  a  ftill  in- 
troduction of  the  public  free  school  system,  to  make  such  laws  as 
shall  not  permit  parents  and  guardians  to  allow  their  children  to 
grow  up  in  ignorance  and  vagrancy. 

Sec.  5.  The  general  assembly  shall  establish,  as  soon  as  practi- 
cable, normal  schools,  and  may  establish  agricultural  schools  and 
such  grades  of  schools  as  shall  be  for  the  public  good. 

Sec.  6.  The  Board  of  Education  shall  provide  for  uniformity  of 
text-books,  and  the  furnishing  of  school  houses  with  such  apparatus 
and  library  as  may  be  necessary,  under  such  regulations  as  may  be 
provided  by  law. 

Sec.  7.  The  general  assembly  shall  set  apart,  as  a  permanent  and 
perpetual  literary  fund,  the  present  literary  funds  of  the  state,  the 
proceeds  of  all  public  lands  donated  by  Congress  for  public  school 
purposes,  of  all  escheated  property,  of  all  waste  and  unappropriated 
lands,  of  all  property  accruing  to  the  state  by  forfeiture,  and  all  fines 
collected  for  offences  committed  against  the  state,  and  such  other 
sums  as  the  general  assembly  may  appropriate. 

Sec.  8.  The  general  assembly  shall  apply  the  annual  interest  on 
the  literary  fund,  the  capitation  tax  provided  for  by  this  constitution 
for  public  free  school  purposes,  and  an  annual  tax  upon  the  property 
of  the  state  of  not  less  than  one  mill  nor  more  than  five  mills  on  the 
dollar,  for  the  equal  benefit  of  all  the  people  of  the  state,  the  number 
of  children  between  the  ages  of  five  and  twenty-one  years,  in  each 
public  free  school  district,  being  the  basis  of  such  division.   Provision 


CONSTITUTION  OF   VIRGINIA  1 43 

shall  be  made  to  supply  children  attending  the  public  free  schools 
with  necessary  text-books,  in  cases  where  the  parent  or  guardian  is 
unable,  by  reason  of  poverty,  to  furnish  them.  Each  county  and 
public  free  school  district  may  raise  additional  sums  by  a  tax  on  prop- 
erty for  the  support  of  public  free  schools.  All  unexpended  sums 
of  any  one  year  in  any  public  free  school  district  shall  go  into  the 
general  school  fund  for  redivision  the  next  year :  Provided,  That  any 
tax  authorized  by  this  section  to  be  raised  by  counties  or  school  dis- 
tricts shall  not  exceed  five  mills  on  a  dollar  in  any  one  year,  and  shall 
not  be  subject  to  redivision,  as  hereinbefore  provided  in  this  section. 

Sec.  9.  The  general  assembly  shall  have  power  to  foster  all 
higher  grades  of  schools  under  its  supervision,  and  to  provide  for 
such  purpose  a  permanent  educational  fund. 

Sec.  10.  All  grants  and  donations  received  by  the  general  assem- 
bly for  educational  purposes  shall  be  applied  according  to  the  terms 
prescribed  by  the  donors. 

Sec.  II.  Each  city  and  county  shall  be  held  accountable  for  the 
destruction  of  school  property  that  may  take  place  within  its  limits 
by  incendiaries  or  open  violence. 

Sec.  12.  The  general  assembly  shall  fix  the  salaries  and  prescribe 
the  duties  of  all  school  officers,  and  shall  make  all  needful  laws  and 
regulations  to  carry  into  effect  the  public  free  school  system  provided 
for  by  this  article. 

ARTICLE   IX 

MILITIA 

Sec.  I .  The  militia  of  this  state  shall  consist  of  all  able-bodied 
male  persons  between  the  ages  of  eighteen  and  forty-five  years, 
except  such  persons  as  hereafter  may  be  exempted  by  the  laws  of 
the  United  States  or  of  this  state  ;  but  those  who  belong  to  religious 
societies  whose  tenets  forbid  them  to  carry  arms,  shall  not  be  com- 
pelled to  do  so,  but  shall  pay  an  equivalent  for  personal  service  ;  and 
the  militia  shall  be  organized,  armed  and  equipped,  and  trained  as 
the  general  assembly  may  provide  by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  encourage- 
ment of  volunteer  corps  of  the  several  arms  of  the  service,  which 
shall  be  classed  as  the  active  militia ;  and  all  other  militia  shall  be 
classified  as  the  reserve  militia,  and  shall  not  be  required  to  muster 
in  time  of  peace.  . 


144  APPENDIX 

ARTICLE  X 

TAXATION  AND  FINANCE 

Sec.  I.  Taxation,  except  as  hereinafter  provided,  whether  im- 
posed by  the  state,  county,  or  corporate  bodies,  shall  be  equal  and 
uniform,  and  all  property,  both  real  and  personal,  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  prescribed  by  law.  No 
one  species  of  property,  from  which  a  tax  may  be  collected,  shall  be 
taxed  higher  than  any  other  species  of  property  of  equal  value. 

Sec.  2.  No  tax  shall  be  imposed  on  any  of  the  citizens  of  this 
state  for  the  privilege  of  taking  or  catching  oysters  from  their  natu- 
ral beds  with  tongs,  in  the  waters  thereof;  but  the  amount  of  sales 
of  oysters  so  taken  by  any  citizen,  in  any  one  year,  may  be  taxed  at 
a  rate  not  exceeding  the  rate  of  taxation  imposed  upon  any  other 
species  of  property. 

Sec.  3.  The  legislature  may  exempt  all  property  used  exclusively 
for  state,  county,  municipal,  benevolent,  charitable,  educational  and 
religious  purposes. 

Sec.  4.  The  general  assembly  may  levy  a  tax  on  incomes  in 
excess  of  six  hundred  dollars  per  annum,  and  upon  the  following 
licenses;  viz.,  the  sale  of  ardent  spirits,  theatrical  and  circus  com- 
panies, menageries,  jugglers,  itinerant  pedlars,  and  all  other  shows 
and  exhibitions  for  which  an  entrance  fee  is  required ;  commission 
merchants,  persons  selling  by  sample,  brokers  and  pawnbrokers, 
and  all  other  business  which  cannot  be  reached  by  the  ad  valorem 
system.  The  capital  invested  in  all  business  operations  shall  be 
assessed  and  taxed  as  other  property.  Assessments  upon  all  stock 
shall  be  according  to  the  market  value  thereof. 

Sec.  5.  The  general  assembly  may  levy  a  tax,  not  exceeding  one 
dollar  per  annum,  on  every  male  citizen  who  has  attained  the  age  of 
twenty-one  years,  which  shall  be  applied  exclusively  in  aid  of  public 
free  schools ;  and  counties  and  corporations  shall  have  power  to 
impose  a  capitation  tax,  not  exceeding  fifty  cents  per  annum,  for  all 
purposes. 

Sec.  6.  The  general  assembly  shall  provide  for  a  reassessment 
of  the  real  estate  of  this  state  in  the  year  1869,  or  as  soon  thereafter 
as  practicable,  and  every  fifth  year  thereafter :  provided,  in  making 
such  assessment,  no  land  shall  be  assessed  above  or  below  its  value. 

Sec.  7.   No  debt  shall  be  contracted  by  this  state,  except  to  meet 


CONSTITUTION  OF  VIRGINIA  1 45 

casual  deficits  in  the  revenue  to  redeem  a  previous  liability  of  the 
state,  to  suppress  insurrection,  repel  invasion,  or  defend  the  state  in 
time  of  war. 

Sec.  8.  The  general  assembly  shall  provide,  by  law,  a  sinking 
fund,  to  be  applied  solely  to  the  payment  and  extinguishment  of  the 
principal  of  the  state  debt,  which  sinking  fund  shall  be  continued 
until  the  extinguishment  of  such  state  debt ;  and  every  law  hereafter 
enacted  by  the  general  assembly,  creating  a  debt  or  authorizing  a 
loan,  shall  provide  a  sinking  fund  for  the  payment  of  the  same. 

Sec.  9.  The  unfunded  debt  shall  not  be  funded  or  redeemed  at  a 
value  exceeding  that  established  by  law  at  the  time  said  debt  was 
contracted,  nor  shall  any  discrimination  hereafter  be  made  in  paying 
the  interest  on  state  bonds,  which  shall  give  a  higher  actual  value  to 
bonds  held  in  foreign  countries,  over  the  same  class  of  bonds  held 
in  this  country. 

Sec.  10.  No  money  shall  be  paid  out  of  the  state  treasury  except 
in  pursuance  of  appropriations  made  by  law ;  and  no  appropriation 
shall  ever  be  made  for  the  payment  of  any  debt  or  obligation  created 
in  the  name  of  the  state  of  Virginia,  by  the  usurped  and  pretended 
state  authorities  assembled  at  Richmond  during  the  late  war ;  and  no 
county,  city,  or  corporation  shall  levy  or  collect  any  tax  for  the  pay- 
ment of  any  debt  created  for  the  purpose  of  aiding  any  rebellion 
against  the  state,  or  against  the  United  States. 

Sec.  II.  On  the  passage  of  every  act  which  imposes,  continues 
or  revives  any  appropriation  of  public  or  trust  money  or  property,  or 
releases,  discharges,  or  commutes  any  claim  or  demand  of  the  state, 
the  vote  shall  be  determined  by  ayes  and  noes,  and  the  names  of  the 
persons  voting  for  and  against  the  same  shall  be  entered  on  the 
journals  of  the  respective  houses,  and  a  majority  of  all  the  members 
elected  to  each  house  shall  be  necessary  to  give  it  the  force  of  a  law. 

Sec.  12.  The  credit  of  the  state  shall  not  be  granted  to,  or  in  aid 
of,  any  person,  association,  or  corporation. 

Sec.  13.  No  scrip,  certificate,  or  other  evidence  of  state  indebted- 
ness, shall  be  issued,  except  for  the  redemption  of  stock  previously 
issued,  or  for  such  debts  as  are  expressly  authorized  in  this  con- 
stitution. 

Sec.  14.  The  state  shall  not  subscribe  to,  or  become  interested 
in,  the  stock  of  any  company,  association  or  corporation. 

Sec.  15.  The  state  shall  not  be  a  party  to,  or  become  interested 
in,  any  work  of  internal  improvement,  nor  engage  in  carrying  on  any 
civ.  gov't  of  va.  — 10 


146  APPENDIX 

such  work,  otherwise  than  in  the  expenditure  of  grants  to  the  state 
of  land  or  other  property. 

Sec.  16.  Every  law  which  imposes,  continues,  or  revives  a  tax, 
shall  distinctly  state  the  tax,  and  the  object  to  which  it  is  to  be 
applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix 
such  a  tax  or  object. 

Sec.  17.  The  state  shall  not  assume  any  indebtedness  of  the 
county,  borough,  nor  city,  nor  lend  its  credit  to  the  same. 

Sec.  18.  A  full  account  of  the  state  indebtedness,  and  an  accurate 
statement  of  receipts  and  expenditures  of  the  public  money,  shall  be 
attached  to  and  published  with  its  laws  passed  at  every  regular 
session  of  the  general  assembly. 

Sec.  19.  The  general  assembly  shall  provide  by  law  for  adjusting 
with  the  state  of  West  Virginia,  the  proportion  of  the  public  debt  of 
Virginia,  proper  to  be  borne  by  the  state  of  Virginia  and  West  Vir- 
ginia, and  shall  provide  that  such  sum  as  shall  be  received  from 
West  Virginia  shall  be  applied  to  the  payment  of  the  public  debt  of 
the  state. 

Sec.  20.  No  other  or  greater  amount  of  tax  or  revenue  shall  at 
any  time  be  levied  than  may  be  required  for  the  necessary  expenses 
of  the  government,  or  to  pay  the  existing  indebtedness  of  the  state. 

Sec.  21.  The  liability  to  the  state  of  any  incorporated  company 
or  institution  to  redeem  the  principal  and  pay  the  interest  of  any 
loan  heretofore  made  by  the  state  to  such  company  or  institution, 
shall  not  be  released  or  commuted. 


ARTICLE  XI 

miscellaneous  provisions 

Homestead  and  Other  Exemptions 

Sec.  I.  Every  householder  or  head  of  a  family  shall  be  entitled, 
in  addition  to  the  articles  now  exempt  from  levy  or  distress  for  rent, 
to  hold  exempt  from  levy,  seizure,  garnisheeing  or  sale,  under  any 
execution,  order,  or  other  process,  issued  on  any  demand  for  any 
debt  heretofore  or  hereafter  contracted,  his  real  and  personal  prop- 
erty, or  either,  including  money  and  debts  due  him,  whether  hereto- 
fore or  hereafter  acquired  or  contracted,  to  the  value  of  not  exceeding 
two  thousand  dollars,  to  be  selected  by  him:  provided,  that  such 


\B  R  A  fT  y 

OF   TJII» 

VERS 
CONSTITUTION  OF  VIRGINIA     \o^  CAl'l'^Z^i^ 

exemption  shall  not  extend  to  any  execution,  order,  or  other  process 
issued  on  any  demand  in  the  following  cases  : 

1st.   For  the  purchase  price  of  said  property,  or  any  part  thereof. 

2d.    For  services  rendered  by  a  laboring  person  or  a  mechanic. 

3d.  For  liabilities  incurred  by  any  public  officer,  or  officer  of  a 
court,  or  any  fiduciary,  or  any  attorney  at  law  for  money  collected. 

4th.  For  a  lawful  claim  for  any  taxes,  levies,  or  assessments, 
accruing  after  the  first  day  of  June,  1866. 

5th.    For  rent  hereafter  accruing. 

6th.  For  the  legal  or  taxable  fees  of  any  public  officer,  or  officers 
of  a  court,  hereafter  accruing. 

Sec.  2.  The  foregoing  section  shall  not  be  construed  as  subject- 
ing the  property  hereby  exempted,  or  any  portion  thereof,  to  any  lien 
by  reason  of  any  execution  levied  on  property  which  has  been 
subsequently  restored  to  the  defendant,  or  judgment  rendered  or 
docketed,  on  or  after  the  17th  of  April,  1861,  and  before  the  2d  day 
of  March,  1867,  for  any  debt  contracted  previous  to  the  4th  day  of 
April,  1865,  except  debts  of  the  character  mentioned  in  either  of  the 
above  first  three  exceptions. 

Sec.  3.  Nothing  contained  in  this  article  shall  be  construed  to 
interfere  with  the  sale  of  the  property  aforesaid,  or  any  portion 
thereof,  by  virtue  of  any  mortgage,  deed  of  trust,  pledge,  or  other 
security  thereon. 

Sec.  4.  The  general  assembly  is  hereby  prohibited  from  passing 
any  law  staying  the  collection  of  debts,  commonly  known  as  "stay 
laws";  but  this  section  shall  not  be  construed  as  prohibiting  any 
legislation  which  the  general  assembly  may  deem  necessary  to  fully 
carry  out  the  provisions  of  this  article. 

Sec.  5.  The  general  assembly  shall,  at  its  first  session  under  this 
constitution,  prescribe  in  what  manner  and  on  what  conditions  the 
said  householder  or  head  of  a  family  shall  thereafter  set  apart  and 
hold  for  himself  and  family,  a  homestead  out  of  any  property  hereby 
exempted,  and  may,  in  its  discretion,  determine  in  what  manner  and 
on  what  conditions  he  may  thereafter  hold,  for  the  benefit  of  himselt 
and  family  such  personal  property  as  he  may  have,  and  coming 
within  the  exemption  hereby  made.  But  this  section  shall  not  be 
construed  as  authorizing  the  general  assembly  to  defeat  or  impair 
the  benefits  intended  to  be  conferred  by  the  provisions  of  this  article. 

Sec.  6.  An  act  of  the  general  assembly,  entitled  "an  act  to 
exempt  the  homesteads  of  families  from  forced  sales,"  passed  April 


148  APPENDIX 

29th,  1867,  and  an  act  entitled  "an  act  to  stay  the  collection  of  debts 
for  a  limited  period,"  passed  March  2d,  1866,  and  the  acts  amenda- 
tory thereof,  are  hereby  abrogated. 

Sec.  7.  The  provisions  of  this  article  shall  be  construed  liberally, 
to  the  end  that  all  the  intents  thereof  may  be  fully  and  perfectly 
carried  out. 

Church  Property 

Sec.  8.  The  rights  of  ecclesiastical  bodies  in  and  to  church 
property,  conveyed  to  them  by  regular  deeds  of  conveyance,  shall 
not  be  affected  by  the  late  civil  war,  nor  by  any  antecedent  or  sub- 
sequent event,  nor  by  any  act  of  the  legislature  purporting  to  govern 
the  same,  but  all  such  property  shall  pass  to  and  be  held  by  the 
parties  set  forth  in  the  original  deeds  of  conveyance,  or  the  legal 
assignees  of  such  original  parties  holding  through  or  by  conveyance, 
and  any  act  or  acts  of  the  legislature  in  opposition  thereto  shall  be 
null  and  void. 

Heirship  of  Property 

Sec.  9.  The  children  of  parents,  one  or  both  of  whom  were 
slaves  at  and  during  the  period  of  cohabitation,  and  who  were 
recognized  by  the  father  as  his  children,  and  whose  mother  was 
recognized  by  such  father  as  his  wife,  and  was  cohabited  with  as 
such,  shall  be  as  capable  of  inheriting  any  estate  whereof  such  father 
may  have  died  seized  or  possessed,  as  though  they  had  been  born 
in  lawful  wedlock. 

ARTICLE  XII 

FUTURE  CHANGES  IN  THE  CONSTITUTION 

Sec.  I.  Any  amendment  or  amendments  to  the  constitution  may 
be  proposed  in  the  Senate  and  House  of  Delegates,  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each 
of  the  two  houses,  such  proposed  amendment  or  amendments  shall 
be  entered  on  their  journals,  with  the  ayes  and  noes  taken  thereon, 
and  referred  to  the  general  assembly  to  be  chosen  at  the  next 
general  election  of  senators  and  members  of  the  House  of  Delegates, 
and  shall  be  published  for  three  months  previous  to  the  time  of 
making  such  choice.  And  if  in  the  general  assembly  so  next  chosen 
as  aforesaid,  such  proposed  amendment  or  amendments  shall  be 


CONSTITUTION   OF  VIRGINIA  1 49 

agreed  to  by  a  majority  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  general  assembly  to  submit  such  pro- 
posed amendment  or  amendments  to  the  people  in  such  manner  and 
at  such  times  as  the  general  assembly  shall  prescribe ;  and  if  the 
people  shall  approve  and  ratify  such  amendment  or  amendments  by 
a  majority  of  the  electors  qualified  to  vote  for  members  of  the 
general  assembly  voting  thereon,  such  amendment  or  amendments 
shall  become  part  of  the  constitution. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  1888,  and 
in  each  twentieth  year  thereafter,  and  also  at  such  time  as  the 
general  assembly  may  by  law  provide,  the  question,  "  Shall  there  be 
a  convention  to  revise  the  constitution  and  amend  the  same  ?  "  shall 
be  decided  'by  the  electors  qualified  to  vote  for  members  of  the 
general  assembly ;  and  in  case  a  majority  of  the  electors  so  qualified, 
voting  at  such  election  shall  decide  in  favor  of  a  convention  for  such 
purpose,  the  general  assembly  at  its  next  session  shall  provide  by 
law  for  the  election  of  delegates  to  such  convention  :  provided,  That 
no  amendment  or  revision  shall  be  made  which  shall  deny  or  in  any 
way  impair  the  right  of  suffrage,  or  any  civil  or  political  right  as 
conferred  by  this  constitution,  except  for  causes  which  apply  to  all 
persons  and  classes  without  distinction. 


SCHEDULE 


That  no  inconvenience  may  arise  from  the  changes  in  the  consti- 
tution of  this  state,  and  in  order  to  carry  the  same  into  complete 
operation,  it  is  hereby  declared  that  — 

Sec.  I .  The  common  law  and  the  statute  laws  now  in  force  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire 
by  their  own  limitation,  or  are  altered  or  repealed  by  the  legislature. 

Sec.  2.  All  writs,  actions,  causes  of  action,  prosecutions^  and 
rights  of  individuals  and  of  bodies  corporate,  and  of  the  state,  and 
all  charters  of  incorporation,  shall  continue;  and  all  indictments 
which  shall  have  been  found,  or  which  may  hereafter  be  found,  for 
any  crime  or  offence  committed  before  the  adoption  of  this  consti- 
tution, may  be  proceeded  upon  as  if  no  change  had  taken  place. 
The  several  courts,  except  as  herein  otherwise  provided,  shall  con- 
tinue with  the  like  powers  and  jurisdiction,  both  in  law  and  in 


1 50  APPENDIX 

equity,  as  if  this  constitution  had  not  been  adopted,  and  until  the 
organization  of  the  judicial  department  of  this  constitution. 

Sec.  3.  That  all  fines,  penalties,  forfeitures,  and  escheats  accruing 
to  the  state  of  Virginia  under  the  present  constitution  and  laws, 
shall  accrue  to  the  use  of  the  state  under  this  constitution. 

Sec.  4.  That  all  recognizances,  bonds,  obligations,  and  all  other 
instruments  entered  into  or  executed  before  the  adoption  of  this 
constitution,  to  the  people  of  the  state  of  Virginia,  to  any  state, 
county  or  township,  or  any  public  officer  or  public  body,  or  which 
may  be  entered  into  or  executed,  under  existing  laws,  "  to  the  people 
of  the  state  of  Virginia,"  to  any  such  officer  or  public  body,  before 
the  complete  organization  of  the  department  of  government  under 
this  constitution,  shall  remain  binding  and  valid ;  and  rights  and 
liabilities  upon  the  same  shall  continue,  and  may  be  prosecuted  as 
provided  by  law.  All  crimes  and  misdemeanors,  and  penal  actions, 
shall  be  tried,  punished  and  prosecuted,  as  though  no  change  had 
taken  place,  until  otherwise  provided  by  law. 


CONSTITUTION  OF  THE  UNITED  STATES— 178Ti 


We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America. 

ARTICLE  I 

Section  1.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2.  1  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  legislature. 

2  No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other  per- 
sons.2  The  actual  enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least  one  representative  ;  and  until 
such  enumeration  shall  be  made,  the  State  of  New  Hampshire  shall  be 

1  This  reprint  of  the  Constitution  exactly  follows  the  text  of  that  in  the 
Department  of  State  at  Washington,  save  in  the  spelling  of  a  few  words. 

2  Superseded  by  the  14th  Amendment.     (See  p.  165.) 

151 


152  APPENDIX 

entitled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six.  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five.  South  Carolina  five,  and  Georgia  three. 

4  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

6  The  House  of  Representatives  shall  choose  their  speaker  and  other 
oflBcers,  and  shall  have  the  sole  power  of  impeachment. 

Section  3.  1  The  Senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  State,  chosen  by  the  legislature  thereof  for  six 
years  ;  and  each  senator  shall  have  one  vote. 

2  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  mto  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration  of 
the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth  year, 
so  that  one  third  may  be  chosen  every  second  year ;  and  if  vacancies 
happen  by  resignation,  or  otherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall  then  fill  such 
vacancies. 

3  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

4  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

6  The  Senate  shall  choose  their  other  officers,  and  also  a  president  pro 
tempore,  in  the  absence  of  the  Vice  President,  or  when  he  shall  exercise 
the  office  of  President  of  the  United  States. 

6  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
"When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  chief  justice  shall 
preside :  and  no  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  members  present. 

7  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust  or  profit  under  the  United  States :  but  the  party  convicted 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

Section  4.    1  The  times,  places,  and  manner  of  holding  elections  for 


CONSTITUTION   OF  THE  UNITED   STATES  1 53 

senators  and  representatives,  shall  be  prescribed  in  each  State  by  the 
legislature  thereof ;  but  the  Congress  may  at  any  time  by  law  make  or 
alter  such  regulations,  except  as  to  the  places  of  choosing  senators. 

2  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

Section  5.  1  Each  House  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties  as  each  House  may 
provide. 

2  Each  House  may  determine  tlie  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member. 

3  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy;  and  the  yeas  and  nays  of  the  members  of  either  House 
on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4  Neither  House,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  6.  1  The  senators  and  representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same  ;  and  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

2  No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time  ;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either  House  during 
his  continuance  in  office. 

Section  7.  1  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills, 

2  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the  President 
of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall 


154  APPENDIX 

return  it,  with  his  objections  to  that  House  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed 
to  reconsider  it.  If  after  such  reconsideration  two  thirds  of  that  House 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  House  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

3  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  President  of  the  United 
States ;  and  before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Section  8.  1  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States  ;  but  all  duties, 
imposts  and  excises  shall  be  uniform  throughout  the  United  States ; 

2  To  borrow  money  on  the  credit  of  the  United  States ; 

3  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes  ; 

4  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughout  the  United  States ; 

6  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures ; 

6  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States  ; 

7  To  establish  post  offices  and  post  roads  ; 

8  To  promote  the  progress  of  science  and  useful  arts  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  respec- 
tive writings  and  discoveries ; 

9  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offenses  against  the  law  of  nations ; 

11  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water  j 


CONSTITUTION  OF  THE  UNITED   STATES  1 55 

12  To  raise  and  support  armies,  but  no  appropriation  of  money  to  that 

use  shall  be  for  a  longer  term  than  two  years ; 

13  To  provide  and  maintain  a  navy ; 

14  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces ; 

15  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections  and  repel  invasions ; 

16  To  provide  for  organizing,  arming,  and  disciplming  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States,  reserving  to  the  States  respectively  the  appointment  of  the 
ofiBcers,  and  the  authority  of  training  the  militia  according  to  the  disci- 
pline prescribed  by  Congress ; 

17  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States  and  the  acceptance  of  Congress,  become  the  seat  of  the  government 
of  the  United  States,^  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings  ;  and 

18  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  this 
Constitution  in  the  government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Section  9.  1  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existhig  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred  and 
eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 2 

2  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require 
it. 

3  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6  No  preference  shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  State  over  those  of  another :  nor  shall  vessels 
bound  to,  or  from,  one  State  be  obliged  to  enter,  clear,  or  pay  duties  in 
another. 

1  The  District  of  Columbia,  which  comes  under  these  regulations,  bad  not 
then  been  erected. 

2  See  also  Article  V,  p.  160. 


1 56  APPENDIX 

7  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of 
appropriations  made  by  law  ;  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from  time 
to  time. 

8  No  title  of  nobility  shall  be  granted  by  the  United  States :  and  no 
person  holding  any  oflBce  of  profit  or  trust  under  them,  shall,  without  the 
consent  of  the  Congress,  accept  of  any  present,  emolument,  office,  or  title, 
of  any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

Section  lO.^  1  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal ;  coin  money  ;  emit  bills 
of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts  ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  or  grant  any  title  of  nobility. 

2  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws :  and  the  net  produce  of  all  duties  and 
imposts  laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States  ;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  Congress.  * 

3  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE  II 

Section  1.  1  The  executive  power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the  term  of 
four  years,  and,  together  with  the  Vice  President,  chosen  for  the  same 
term,  be  elected,  as  follows 

2  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  State  may  be  entitled  in  the  Congress : 
but  no  senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  list  of  all  the  per- 
sons voted  for,  and  of  the  number  of  votes  for  each  ;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the 

X  3ee  also  the  10th  Amendment,  p.  163. 


CONSTITUTION  OF  THE  UNITED  STATES  15/ 

United  States,  directed  to  the  president  of  the  Senate.  The  president  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed  ;  and  if  there  be 
more  than  one  who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  immediately  choose  by 
ballot  one  of  them  for  President ;  and  if  no  person  have  a  majority,  then 
from  the  five  highest  on  the  list  the  said  house  shall  in  like  manner  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two  thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice. 
In  every  case,  after  the  choice  of  the  President,  the  person  having  the 
greatest  number  of  votes  of  the  electors  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice  President.^ 

3  The  Congress  may  determine  the  time  of  choosing  the  electors,  and 
the  day  on  which  they  shall  give  their  votes ;  which  day  shall  be  the  same 
throughout  the  United  States. 

4  No  person  except  a  natural  bom  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to 
the  office  of  President ;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

5  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice  President,  and  the  Congress 
may  by  law  provide  for  the  case  of  .removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice  President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accordingly,  until 
the  disability  be  removed,  or  a  President  shall  be  elected. 

6  The  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  States,  or  any 
of  them. 

7  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation:  —  "I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President  of  the  United  States,  and 

1  Superseded  by  the  12th  Amendment.     (See  p.  164.) 


158  APPENDIX 

will  to  the  best  of  my  ability,  preserve,  protect  and  defend  the  Constitu- 
tion of  the  United  States." 

Section  2.  1  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States ;  he  may 
require  the  opinion,  in  writing,  of  the  principal  oflBcer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  ofl&ces,  and  he  shall  have  power  to  grant  reprieves  and  pardons 
for  offenses  against  the  United  States,  except  in  cases  of  impeachment. 

2  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  senators  present  con- 
cur ;  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the  United  States, 
whose  appointments  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law:  but  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient ;  he  may,  on 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them,  and  in 
case  of  disagreement  between  them  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper ;  he 
shall  receive  ambassadors  and  other  public  ministers ;  he  shall  take  care 
that  the  laws  be  faithfully  executed,,  and  shall  commission  all  the  officers 
of  the  United  States. 

Section  4.  The  President,  Vice  President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for,  and  con- 
viction of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III 

Section  1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may 
from  time  to  time  ordain  and  establish.  The  judges,  both  of  the  Supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services,  a  compensation  which 
shall  not  be  diminished  during  their  continuance  in  office. 

Section  2.    1   The  judicial  power  shall  extend  to  all  cases,  in  law  and 


CONSTITUTION  OF  THE  UNITED  STATES  1 59 

equity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority  ;  —  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  consuls ;  — 
to  all  cases  of  admiralty  and  maritime  jurisdiction  ;  —  to  controversies  to 
which  the  United  States  shall  be  a  party  ;  — to  controversies  between  two 
or  more  States  ;  —  between  a  State  and  citizens  of  another  State  ;  1  —  be- 
tween citizens  of  different  States, — between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a  State,  or 
the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

2  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  State  shall  be  party,  the  Supreme  Court  shall 
have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  to 
fact,  with  such  exceptions,  and  under  such  regulations  as  the  Congress 
shall  make. 

3  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury  ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall 
have  been  committed ;  but  when  not  committed  within  any  State,  the 
trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

Section  3.  1  Treason  against  the  United  States,  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

2  The  Congress  shall  have  power  to  declare  the  punishment  of  treason, 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture 
except  during  the  life  of  the  person  attainted. 

ARTICLE  IV 

Section  1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State.  And 
the  Congress  may  by  general  laws  prescribe  the  manner  in  which  such 
acts,  records  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  2.  1  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

2  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall  on  de- 
mand of  the  executive  authority  of  the  State  from  which  he  fled,  be 
delivered  up  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 

1  See  the  11th  Amendment,  p.  164. 


l60  APPENDIX 

3  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regu- 
lation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

Section  3.  1  New  States  may  be  admitted  by  the  Congress  into  this 
Union  ;  but  no  new  State  shall  be  formied  or  erected  within  the  jurisdic- 
tion of  any  other  State  ;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of  the  legislatures 
of  the  States  concerned  as  well  as  of  the  Congress. 

2  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  belonging 
to  the  United  States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the  United  States,  or  of  any  particular 
State. 

Section  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  legislature,  or  of  the  execu- 
tive (when  the  legislature  cannot  be  convened)  against  domestic  violence. 

ARTICLE  V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  States,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress  ;  Provided  that  no  amend- 
ment which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article  ;  and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE   VI 

1  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United  States 
under  this  Constitution,  as  under  the  Confederation. 

2  This  Constitution,  and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof  ;  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 


CONSTITUTION  OF  THE  UNITED   STATES 


l6l 


land  ;  and  the  judges  in  every  State  shall  be  bound  thereby,  anything  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  notwithstanding. 

3  The  senators  and  representatives  before  mentioned,  and  the  mem- 
bers of  the  several  State  legislatures,  and  all  executive  and  judicial  ofi&cers, 
both  of  the  United  States,  and  of  the  several  States,  shall  be  bound  by 
oath  or  afi&rmation  to  support  this  Constitution  ;  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust  under 
the  United  States. 


ARTICLE   VII 

The  ratification  of  the  conventions  of  nine  States  shall  be  sufficient  for 
the  establishment  of  this  Constitution  between  the  States  so  ratifying  the 
same.- 

Done  in  Convention  by  the  unanimous  consent  of  the  States  present  the 
seventeenth  day  of  September  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereof  we  have  hereunto 
subscribed  our  names, 

Go:  Washington  — 

Presidt.  and  Deputy  from  Virginia 


New  Hampshire 
John  Langdon 
Nicholas  Oilman 

Massachusetts 
Nathaniel  Gorham 
Rufus  King 

Connecticut 
Wm.  Saml.  Johnson 
Roger  Sherman 

New  York 
Alexander  Hamilton 

New  Jersey 
Wil:  Livingston 
David  Brearley 


Wm.  Paterson 
Jona:  Dayton 

Pennsylvania 
B.  Franklin 
Thomas  Mifflin 
Robt.  Morris 
Geo.  Clymer    , 
Thos.  Fitzsimons 
Jared  IngersoU 
James  Wilson 
Gouv  Morris 

Delaware 
Geo :  Read 
Gunning  Bedford  Jun 
John  Dickinson 
Richard  Bassett 
Jaco:  Broom 


1  After  the  Constitution  had  been  adopted  by  the  Convention  it  was  ratified 
by  conventions  held  in  each  of  the  states. 

CIV.  gov't  of  VA.  —  II 


1 62  APPENDIX 

Maryland  South  Carolina 

James  McHenry  J.  Eutledge, 

Dan  of  St.  Thos  Jenifer  Charles  Cotesworth  Pinckney 

Danl.  Carroll  Charles  Pinckney 

Pierce  Butler. 
Virginia 

John  Blair—  Georgia 

James  Madison  Jr.  William  Few 

Abr  Baldwin 
North  Carolina 

Wm.  Blount 

Richd.  Dobbs  Spaight 

Hu  Williamson. 

Attest  William  Jackson  Secretary. 


Articles  in  addition  to,  and  amendment  of,  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress,  and  ratified  by  the  legisla- 
tures of  the  several  States  pursuant  to  the  fifth  article  of  the  original 
Constitution. 

ARTICLE   II 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof  ;  or  abridging  the  freedom  of  speech, 
or  of  the  press  ;  or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II 

A  well  regulated  militia,  being  necessary  to  the  security  of  a  free  State, 
the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be  infringed. 

ARTICLE  III 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be  pre- 
scribed by  law. 

ARTICLE  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  vio- 
lated, and  no  warrants  shall  issue,  but  upon  probable  cause,  supported  by 

I  The  first  ten  Amendments  were  adopted  iu  1791, 


CONSTITUTION  OF  THE  UNITED   STATES  1 63 

oath  or  affirmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

ARTICLE   V 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger  ;  nor  shall  any  person  be  subject 
for  the  same  offense  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

ARTICLE   VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation  ;  to  be  confronted  with  the  witnesses  against  him  ; 
to  have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to 
have  the  assistance  of  counsel  for  his  defense. 

ARTICLE   VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried  by  a  jury  shall  be  otherwise  reexamined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE   VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE   IX 

The  enumeration  in  the  Constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE   X 

The  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to 
the  people. 


164  APPENDIX 


ARTICLE  XII 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  State. 

ARTICLE   XII 2 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves  ;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President  and  of  all  persons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  Senate; — The  president  of  the 
Senate  shall,  in  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be  counted ;  —  The  person 
having  the  greatest  number  of  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  electors  appointed  ; 
and  if  no  person  have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following,  then  the  Vice  President  shall  act 
as  President,  as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President.  The  person  having  the  greatest  number  of  votes  as 
Vice  President  shall  be  the  Vice  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed,  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice  President ;  a  quorum  for  the  purpose  shall  consist  of  two 
thirds  of  the  whole  number  of  senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  constitutionally 
ineligible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice  Presi- 
dent of  the  United  States. 

1  Adopted  in  1798.  «  Adopted  in  1804. 


CONSTITUTION  OF  THE  UNITED   STATES  1 65 


ARTICLE   XIII 1 

Section  1.  1  Neither  slavery  nor  involuntary  servitude,  except  as 
punishment  for  crime  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  subject  to  their  juris- 
diction. 

2  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

ARTICLE  XIV 2 

1  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to 
the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens  of  the  United  States ; 
nor  shall  any  State  deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law  ;  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

2  Representatives  shall  be  apportioned  among  the  several  States  accord- 
ing to  their  respective  numbers,  counting  the  whole  number  of  persons 
in  each  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and  Vice  President 
of  the  United  States,  representatives  in  Congress,  the  executive  and  judi- 
cial officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion,  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the  number  of  such  male 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years 
of  age  in  such  State. 

3  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Vice  President,  or  hold  any  office,  civil  or  military,  under 
the  United  States,  or  under  any  State,  who,  having  previously  taken  an 
oath,  as  a  member  of  Congress,  or  as  an  officer  of  the  United  States,  or 
as  a  member  of  any  State  legislature,  or  as  an  executive  or  judicial  officer 
of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may  by  a  vote  of  two 
thirds  of  each  House,  remove  such  disability. 

4  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for 
services  in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned. 

1  Adopted  ia  1865.  «  Adopted  in  1868. 


1 66  APPENDIX 

But  neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave ; 
but  all  such  debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

5  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
ihe  provisions  of  this  article. 

ARTICLE  XVI 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State  on  account 
of  race,  color,  or  previous  condition  of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

1  Adopted  in  1870. 


THE  DECLARATION  OF  INDEPENDENCE  — 1776 


In  Congress,  July  4,  1776. 
the  unanimous  declaration  of  the  thirteen  united  states  op 

AMERICA 

"When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  hands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate  and 
equal  station  to  which  the  laws  of  nature  and  of  nature's  God  entitle 
them,  a  decent  respect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident:  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalienable 
rights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 
That,  to  secure  these  rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed  ;  that,  when- 
ever any  form  of  government  becomes  destructive  of  these  ends,  it  is  the 
right  of  the  people  to  alter  or  to  abolish  it,  and  to  institute  new  govern- 
ment, laying  its  foundation  on  such  principles,  and  organizing  its  powers 
in  such  form,  as  to  them  shall  seem  most  likely  to  effect  their  safety  and 
happiness.  Prudence,  indeed,  will  dictate  that  governments  long  estab- 
lished, should  not  be  changed  for  light  and  transient  causes ;  and,  ac- 
cordingly, all  experience  hath  shown,  that  mankind  are  more  disposed  to 
suffer,  while  evils  are  sufferable,  than  to  right  themselves  by  abolishing 
the  forms  to  which  they  are  accustomed.  But,  when  a  long  train  of 
abuses  and  usurpations,  pursuing  invariably  the  same  object,  evinces  a 
design  to  reduce  them  under  absolute  despotism,  it  is  their  right,  it  is 
their  duty,  to  throw  off  such  government,  and  to  provide  new  guards  for 
their  future  security.  —  Such  has  been  the  patient  sufferance  of  these 
colonies ;  and  such  is  now  the  necessity  which  constrains  them  to  alter 
their  former  systems  of  government.  The  history  of  the  present  king 
of  Great  Britain  is  a  history  of  repeated  injuries  and  usurpations,  all  hav- 
ing in  direct  object  the  establishment  of  an  absolute  tyranny  over  these 
States.     To  prove  this,  let  facts  be  submitted  to  a  candid  world. 

167 


1 68  APPENDIX 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary 
for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and  pressing 
importance,  unless  suspended  in  their  operation  till  his  assent  should  be 
obtained  ;  and,  when  so  suspended,  he  lias  utterly  neglected  to  attend  to 
them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large  dis- 
tricts of  people,  unless  those  people  would  relinquish  the  right  of  repre- 
sentation in  the  legislature,  a  right  inestimable  to  them  and  formidable 
to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncomfort- 
able, and  distant  from  the  depository  of  their  public  records,  for  the  sole 
purpose  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing,  with 
manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause  others 
to  be  elected ;  whereby  the  legislative  powers,  incapable  of  annihilation, 
have  returned  to  the  people  at  large  for  their  exercise  ;  the  State  remain- 
ing, in  the  meantime,  exposed  to  all  the  dangers  of  invasion  from  with- 
out, and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States  ;  for  that 
purpose  obstructing  the  laws  for  naturalization  of  foreigners  ;  refusing  to 
pass  others  to  encourage  their  migration  hither,  and  raising  the  conditions 
of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent 
to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the  tenure  of  their 
oflBces,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms  of 
officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us  in  times  of  peace,  standing  armies,  without  the 
consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and  superior  to, 
the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction  foreign 
to  our  constitution,  and  unacknowledged  by  our  laws ;  giving  his  assent 
to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any  mur- 
ders which  they  should  commit  on  the  inhabitants  of  these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent ; 


THE  DECLARATION  OF  INDEPENDENCE  1 69 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury: 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  offenses : 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring  prov- 
ince, establishing  therein  an  arbitrary  government  and  enlarging  its 
boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument  for 
introducing  the  same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws,  and 
altering,  fundamentally,  the  forms  of  our  governments : 

For  suspending  our  own  legislatures,  and  declaring  themselves  invested 
with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring  us  out  of  his  protec- 
tion, and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns,  and 
destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mercenaries 
to  complete  the  works  of  death,  desolation,  and  tyranny,  already  begun, 
with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high  seas, 
to  bear  arms  against  their  country,  to  become  the  executioners  of  their 
friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeavored 
to  bring  on  the  inhabitants  of  our  frontiers,  the  merciless  Indian  savages, 
whose  known  rule  of  warfare  is  an  undistinguished  destruction  of  all  ages, 
sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress  in 
the  most  humble  terms :  our  repeated  petitions  have  been  answered  only 
by  repeated  injury.  A  prince,  whose  character  is  thus  marked  by  every 
act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren.  We 
have  warned  them,  from  time  to  time,  of  attempts  by  their  legislature  to 
extend  an  unwarrantable  jurisdiction  over  us.  We  have  reminded  them 
of  the  circumstances  of  our  emigration  and  settlement  here.  We  have 
appealed  to  their  native  justice  and  magnanimity,  and  we  have  conjured 
them,  by  the  ties  of  our  common  kindred,  to  disavow  these  usurpations, 
which  would  inevitably  interrupt  our  connections  and  correspondence. 
They  too  have  been  deaf  to  the  voice  of  justice  and  consanguinity.  We 
must,  therefore,  acquiesce  in  the  necessity  which  denounces  our  separa- 
tion, and  hold  them,  as  we  hold  the  rest  of  mankind,  enemies  in  war,  in 
peace  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America,  In 
general  Congress  assembled,  appealing  to  the  Supreme  Judge  of  the  world 


I/O 


APPENDIX 


for  the  rectitude  of  our  intentions,  do,  in  the  name,  and  by  authority  of 
the  good  people  of  these  colonies,  solemnly  publish  and  declare.  That 
these  United  Colonies  are,  and  of  right  ought  to  be,  free  and  independent 
States ;  that  they  are  absolved  from  all  allegiance  to  the  British  crown, 
and  that  all  political  connection  between  them  and  the  state  of  Great 
Britain  is,  and  ought  to  be,  totally  dissolved  ;  and  that,  as  free  and  inde- 
pendent States,  they  have  full  power  to  levy  war,  conclude  peace,  con- 
tract alliances,  establish  commerce,  and  to  do  all  other  acts  and  things 
which  independent  States  may  of  right  do.  And  for  the  support  of  this 
declaration,  with  a  firm  reliance  on  the  protection  of  Divine  Providence, 
we  mutually  pledge  to  each  other  our  lives,  our  fortunes,  and  our  sacred 
honor.  John  Hancock. 


New  Hampshire 
Josiah  Bartlett,! 
Wm.  Whipple, 
Matthew  Thornton. 

Massachusetts  Bay 
Saml.  Adams, 
John  Adams, 
Robt.  Treat  Paine, 
Elbridge  Gerry. 

Bhode  Island 
Step.  Hopkins, 
William  Ellery. 

Connecticut 
Roger  Sherman, 
Sam'el  Huntington, 
Wm.  Williams, 
Oliver  Wolcott. 

New  York 
Wm.  Floyd, 
Phil.  Livingston, 
Frans.  Lewis, 
Lewis  Morris. 


Neio  Jersey 
Kichd.  Stockton, 
Jno.  Witherspoon, 
Fras.  Hopkinson, 
John  Hart, 
Abra.  Clark. 

Pennsylvania 
Robt.  Morris, 
Benjamin  Rush, 
Benja.  Franklin, 
John  Morton, 
Geo.  Clymer, 
Jas.  Smith, 
Geo.  Taylor, 
James  Wilson, 
Geo.  Ross. 

Delaware 
Csesar  Rodney, 
Geo.  Read, 
Tho.  M'Kean. 

Maryland 
Samuel  Chase, 
Wm.  Paca, 
Thos.  Stone, 


Charles  Carroll  of  Car- 
rollton. 

Virginia 
George  Wythe, 
Richard  Henry  Lee, 
Th  Jefferson, 
Benja.  Harrison, 
Thos.  Nelson,  jr., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina 
Wm.  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina 
Edward  Rutledge, 
Thos.  Hey  ward,  Junr., 
Thomas  Lynch,  Junr., 
Arthur  Middleton. 

Georgia 
Button  Gwinnett, 
Lyman  Hall, 
Geo.  Walton. 


1  The  signatures  to  the  Declaration  of  Independence  and  to  the  Constitution 
are  printed  as  signed. 


INDEX 


Actions  or  suits  at  law,  67. 

Adjournment,  neither  house  can  ad- 
journ without  the  consent  of  the 
other,  36. 

Adjutant  general,  52. 

Administrative  officers,  of  county  17, 
18 ;  of  cities  and  towns,  32,  33 ;  of 
state,  45-55. 

Allegiances,  citizens  have  two,  13. 

Almshouses,  no. 

Amendments  to  constitution,  102, 103. 

Answer  in  suit  at  law,  69. 

Anti-Federalists,  91. 

Appeals,  60-62 

Apportionment  of  senators  and  dele- 
gates, 39,  40. 

Aristocracy,  11. 

Arrest,  59,  70. 

Assembly,  General,  how  constituted, 
35  ;  members  of,  35  ;  sessions  of,  36 ; 
privileges  of  members,  37  ;  restric- 
tions upon,  38,  39 ;  organization  of, 
40;  officers  of,  40;  committees  of, 
41,  n.  I. 

Assessment,  of  taxes,  97  ;    of  land,  26. 

Assessors  of  land,  26. 

Attainder,  bill  of,  39 ;  definition  of,  39, 
n.  2. 

Attorney  general,  50. 

Auditor,  of  public  accounts,  48,  49 ; 
second,  49,  50. 

Bail,  59,  71. 

Ballot  boxes,  furnished  by  supervis- 
ors, 20. 


Ballots,  official,  printed  by  electoral 
boards,  86 ;  how  prepared  and  de- 
posited, 87,  88  ;  counting  of,  88. 

Bill,  legislative,  how  made  a  law,  42, 43. 

Bill  of  attainder,  39 ;  definition  of,  39, 
n.  2. 

Bill  of  Rights  of  Virginia,  99,  122-125. 

Board,  of  agriculture,  54 ;  on  Chesa- 
peake and  its  tributaries,  54 ;  county 
school,  'J'],  78  ;  of  education,  76  ;  of 
dental  examiners,  54;  the  district 
board  of  school  trustees,  79;  of 
health,  53 ;  of  medical  examin- 
ers, 54 ;  of  pharmacy,  54 ;  of  public 
works,  51,  52 ;  school  trustee  elec- 
toral, 78 ;  county  and  city  electoral, 
84. 

Case  at  law,  57,  67-73. 

Caucus,  93. 

Challenging  at  elections,  88. 

Chancery  court,  60,  n.  2. 

Chancery  proceedings,  69. 

Charter,  definition  of,  30 ;  fundamen- 
tal law  of  town  or  city,  31. 

Chattel  mortgage,  25,  n.  2. 

City  courts,  62, 

City,  definition  of,  31 ;  functions  of 
government  of,  31,  32. 

City  schools,  81. 

City  superintendent  of  schools,  81. 

Clerk  of  Senate,  41 ;  of  House,  41 ;  of 
county  court,  25. 

Coinage  of  money,  13,  107. 

Commerce,  regulations  of,  13. 


17] 


1/2 


INDEX 


Commissioner,    of   fisheries,  54;     of 

.    sinking  fund,  52;    of  railroads,  53. 

Committees,  legislative,  41,  n.  i ;  of 
political  parties,  92. 

Common  law,  definition  of,  67,  n.  i. 

Commonwealth's  attorney,  24. 

Congress,  each  state  represented  in, 
106;  powers  of,  107. 

Conscience,  liberty  of,  10,  100. 

Constable,  23. 

Constitution,  definition  of,  12. 

Constitution  of  Virginia,  revisions  of, 
99 ;  outline  of,  99-103 ;  text  of, 
120-150. 

Constitution  of  the  United  States,  in- 
terpretations of,  91;  text  of,  151- 
166. 

Contract,  definition  of,  25,  n.  i ;  obli- 
gations of,  not  to  be  impaired,  39. 

Convention,  constitutional,  103. 

Coroner,  21,  22. 

Corporation,  definition  of,  16,  n.  i. 

Council,  31,32. 

Counterfeit  coins,  warrants  to  search 
for,  23. 

Countmg  votes,  88. 

County,  origin  of,  15 ;  formation  of 
new,  16;  importance  of,  16;  func- 
tions of  government  of,  17 ;  officers 
of,  17,  18. 

County  clerk,  25. 

County  seat,  the,  17. 

Court  procedure,  67-73. 

Court,  the  justice's,  58,59;  the  county, 
59,  60 ;  the  circuit,  60,  61 ;  the  su- 
preme of  appeals,  61,  62. 

Crimes,  56,  57,  69-73. 

Declaration    of    Independence,  167- 

170. 
Declaration  in  suit  at  law,  67. 
Decree,  definition  of,  24,  n.  i. 
Deed,  definition  of,  25,  n.  2. 
Defendant,  57. 
Democracy,  11. 
Departments  of  government,  12. 


District,  magisterial,    16;   officers   of, 

17,  18. 
Duties,  10;  reciprocal  of  the  state  and 

the  nation,  107. 

Education,  history  of  popular,  74,  75 ; 

public,  75-81. 
Election,  returns,  88,  89;  supplies,  86. 
Elections,  when  held,  84;  system  of, 

84 ;  how  conducted,  87,  88 ;  national, 

106,  107. 
Electors,  presidential,  106. 
Equalization  of  taxes,  19,  97,  98. 
Examination  of  teachers,  80. 
Execution  in  suit  at  law,  23,  n.  2. 
Executive  officers,  of  county,  20-29; 

of  towns  and  cities,  32-34 ;  of  state, 

45-55- 
Executive  power,  45. 
Executives,  list  of,  113-117. 
Ex  post  facto  law,  definition  of,  39, 

n.  3 ;  not  to  be  passed,  39. 

Family,  government  originates  in,  10. 

Federalists,  91. 

Felony,  57 ;  proceedings  in  cases  of, 

71,72. 
Fertilizers,  inspection  of,  51. 
Fiduciary,  definition  of,  25,  n.  5. 
Fines,  59,  n.  i ;  96. 
Fisheries,  commissioner  of,  54. 
Formation  of  new  counties,  16. 
Formation  of  towns  and  cities,  30. 
Freedom  of  press,  100. 
Freedom   of   speech,  guaranteed  by 

the  constitution,  100. 
Functions  of  government,  of  county, 

17;   of  town  and  city,  31,  32;  of 

state,  37,  38. 

General  Assembly,  35-43. 

General  powers  of  Congress,  13,  107. 

Geologist,  51. 

Government,  origin  of,  10,  n;  forms 

of,  11;   three  departments  of,  12; 

constitutional,  99. 


INDEX 


173 


Governor,  duties  of,  45 ,  46 ;  qualifica- 
tions of,  47. 
Grand  jury,  64,  65,  70,  71. 

Habeas  corpus,  definition  of,  39,  n.  i ; 
72. 

Hampton  Normal  and  Agricultural 
Institute,  no. 

House  of  Delegates,  35  ;  meaning  con- 
veyed by,  38  ;  qualifications  of  mem- 
bers of,  35,  36;  officers  of,  40; 
committees  of,  41,  n.  i. 

House  of  Representatives,  national, 
105,  106. 

How  a  law  is  made,  42,  43. 

Humane  institutions,  no. 

Idiots,  not  allowed  to  vote,  83. 

Impeachment,  39. 

Indictment,  71. 

Insane  asylums,  no. 

Institution  for  the  Deaf  and  Dumb 

and  Blind,  no. 
Insurrection,  suppression  of,  46. 
Internal  improvements,  19,  51. 

Jails,  no. 

Journals  of  houses  of  legislature,  41. 

Judge,  of  county  court,  26;  of  circuit 
court,  6o>  of  supreme  court  of  ap- 
peals, 61. 

Judgment,  definition  of,  25,  n.  7. 

Judicial  circuits,  in,  112. 

Judicial  department,  56-63. 

Judicial  power,  necessity  of,  56 ;  how 
vested,  56. 

Jurisdiction,  definition  of,  57,  58 ;  of 
justice's  court,  58,  59;  of  county 
court,  59,  60;  of  circuit  court,  60, 
61 ;  of  supreme  court  of  appeals,  61, 
62. 

Jury,  grand,  64;  petit,  64;  how  ob- 
tained, 64-66. 

Justice,  administration  of,  67-73. 

Justice  of  the  peace,  22,  23 ;  court  of, 
58.  59- 


Kinds  of  government,  11. 
Kinds  of  taxes,  95,  96. 

Laurel  Industrial  School,  no. 

Lawmaking  power,  35. 

Laws,  defined,  12 ;  classified,  12 ;  the 

making  of  a,  42,  43. 
Laws  of  the  state,  their  character  and 

scope,  37,  38. 
Legislature,  35-43. 
Liberty,  100. 
License  tax,  96. 
Lieutenant  governor,  47, 
Literary  Fund,  74,  n.  i. 
Local    government,    the    county  the 

unit  of,  16. 

Magisterial  district,  16;  officers  of, 
17,  18. 

Majority  of  each  house,  36. 

Man  a  social  being,  9. 

Mayor,  32,  33. 

Measures  and  weights,  sealer  of,  26. 

Meridian,  true,  20. 

Message  of  governor,  46. 

Militia,  52. 

Miller  Manual  Labor  School  of  Al- 
bemarle, no. 

Misdemeanor,  57,  70,  71. 

Mode  of  amending  the  constitution, 
102,  103. 

Monarchy,  n. 

Money,  power  of  Congress  in  regard 
to  coining,  13,  107. 

Mortgage,  definition  of,  25,  n.  3. 

Nation,  definition  of,  12. 

National  conventions,  93. 

Nation  and  state,  relations  of,   los- 

107. 
Nature  of  the  Federal  government, 

13- 
Necessity  for  government,  n. 
Nomination  of  candidates,  93. 
Normal  schools,  80. 
Norman  conquest,  15. 


174 


INDEX 


Oath  of  office,  i8. 

Objects  of  government,  how  best  at- 
tained, 12. 

Officers,  of  county,  17-28  ;  of  city  and 
town,  32,  33;  of  state,  45-55. 

Ordinance  of  city  or  town,  32,  33. 

Ordinance  of  Secession,  119. 

Overseers  of  the  poor,  21. 

Pardons,  granted  by  governor,  46. 

Parties,  political,  origin  of,  in  the 
United  States,  91 ;  in  what  coun- 
tries found,  91 ;  a  benefit,  91 ;  or- 
ganization of,  92. 

Party  platforms,  94. 

Patents,  13,  107. 

Penal  institutions,  no. 

Penitentiary,  the,  no. 

Personal  property,  96. 

Personal  rights,  10. 

Petit  jury,  64,  65. 

Plaintiff,  57. 

Polls,  87. 

Poll  tax,  95. 

Poor,  support  of,  21. 

Poor  children,  provision  for  education 
of.  75- 

Poorhouse,  no. 

Power,  the  lawmaking,  35-43 ;  the  ex- 
ecutive, 45-55 ;  the  judicial,  56-62. 

Precinct,  85. 

President,  method  of  electing,  106. 

Primary  meetings  and  elections,  92, 

93- 
Prison  association,  54. 
Privilege  tax,  96. 
Probate  of  wills,  59,  61. 
Property  tax,  96. 
Prosecuting  attorney,  24,  25. 
Public  school  system,  75-81. 
Pupils  of  public  schools,  80. 

Qualifications,  of  voters,  83 ;  of  mem- 
bers of  General  Assembly,  35,  36 ; 
of  governor  and  lieutenant  gov- 
ernor, 47. 


Quorum,  majority  of  each  house  con- 
stitutes, 36. 

Railroad  commissioner,  53. 
Record  of  deeds,  25. 
Registrar  of  voters,  86. 
Religious  freedom,  100. 
Representatives,  national,  106;   num- 
ber of,  106. 
Republic,  11. 

Restrictions  upon  the  states,  13,  107. 
R-esults  of  elections,  88,  89. 
Revenue,  why  needed  by  the  state, 

95- 
Right  of  suffi"age,  83 ;    qualifications 

required  for  exercise  of,  83. 
Rights,  9,  10 ;  different  kinds  of,  10. 
Rules,  each  house  of  the  legislature  to 

determine  its  own,  40. 
Ruling  of  a  judge  or  of  a  court,  25, 

n.  6. 

School  district,  16,  75. 

School  funds,  80,  81. 

Schools,  normal,  80. 

Schools,  public,  75-81. 

Search  warrant,  23. 

Seat  of  government,  37. 

Secession,  Ordinance  of,  119. 

Second  auditor,  49. 

Secretary  of  the  commonwealth,  47, 

48. 
Senate,   state,    35;    qualifications    of 

members  of,  35,  36. 
Sergeant-at-arms,  41. 
Session  of  legislature,  limit  of  length 

of,  36. 
Sheriff,  23,  24. 

Sinking  fund,  commissioners  of,  52. 
Society,  how  constituted,  9. 
Speaker  of  the  House  of  Delegates, 

40. 
Speech,  freedom  of,  100. 
State,  defined,  12. 

State  and  nation,  relations  of,  105-107. 
State  Female  Normal  School,  109. 


INDEX 


175 


State  officers,  45-55. 

State  tax,  96. 

Statute  law,  37. 

Subpoena,  definition  of,  69,  n.  i. 

Suflfrage,  the  right  of,  83. 

Suit,  proceedings  in  civil,  67-69;  in 

criminal,  69-72. 
Summons,  67,  69. 
Superintendent  of  public  instruction, 

76. 
Supervisors,  18  ;  board  of,  19. 
Supremacy  of  the  nation,  established 

by  the  Civil  War,  105. 
Supreme  court  of  appeals,  61,  62. 
Surveyor,  20,  21. 

Taxes,  definition  of,  95 ;  reasons  for, 
95 ;  objects  for  which  assessed,  96, 
97 ;  restricted  by  constitution,  97. 

Tax  on  privileges,  96. 

Teachers,  public  school,  80. 

Text-books  for  schools,  uniformity  in, 
76 ;  supplied  to  poor  children,  79. 

Tobacco  samplers,  53. 

Town,  definition  of,  31 ;  functions  of 
government  of,  31,  32. 

Treasurer,  county,  20 ;  city,  33  ;  state, 

so- 
Trial,  in  civil  cases,  68;   in  criminal 

cases,  71,  72. 
Trial  juries,  65,  66. 


United  States,  13. 
Unit  rule.  93. 

University  of  Virginia,  the  founding 
of,  74,  n.  I ;  government  of,  109. 

Vacancies,  18. 

Veto,  governor's,  46, 

Village,  31. 

Virginia,  two  allegiances  of  her  citi- 
zens, 13  ;  the  first  constitutional  gov- 
ernment in  America,  99;  outline  of 
the  government  of,  99-103 ;  consti- 
tution of,  120-150. 

Virginia  Military  Institute,  109. 

Virginia  Normal  and  Collegiate  In- 
stitute, no. 

Virginia  Polytechnic  Institute,  109. 

Volunteers,  52. 

Voters,  qualifications  of,  83. 

Voting,  places  of,  87 ;  method  of,  87, 
88 ;  results  of,  88,  89. 

Warrant,  definitions  of,  19,  n.  2 ;  22, 
n.  I. 

Weights  and  measures,  sealer  of,  26. 

Weighmaster  of  live  stock  at  Rich- 
mond, 53. 

Will,  definition  of,  25,  n.  4. 

William  and  Mary  College,  109. 

Workhouses,  32. 

Writ,  definition  of,  23,  n.  i. 


TYPOGRAPHY   BY  J.    8.    GUSHING   &   CO.,   NORWOOD,   MASS. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY, 
BERKELEY 

THIS  BOOK  IS  DU^N  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  retu-ed  on^me  are  -^^a^n^r^asinl 
50c  per  volume  after  the  tjurd  day  overa     .^^^^  ^^^  .^ 

?e.\^n^d^r/bfr^neqin^^^^  is  -de  before 


AUG 


I9pr 


.rt 


25w7,'25 


YB  2705 


